What A Lovely Way to Burn
by Autumn Rayne
Summary: Ben and Justin team up, prosecuting an arson case for the city. Their case, as well as their disdain for each other, put Kate in the line of fire. Currently rated T for language.
1. Chapter 1

**a/n:** I don't own Fairly Legal. I _do_ claim any and all mistakes within the coming chapters. This takes place a few weeks after Finale, and assumes that Borderline, Force Majeure and Finale occurred within a week or so of each other. I was in a mood when I started this and had not planned to do anything with it. Then I decided that a little darker FL would make for a good writing challenge. So please excuse the up-coming sailor-speak ('cause nothing beats down a bad mood like good ol' cussing), give 'er a read and let me know what you think : ) Warning – excessive exclamation abuse ahead – it's going to be a bumpy ride…

**a/n2:** Thank you to everyone who favorited "A Little Strategy". To date, it is the most favorited of my stories. Thank you! Thank you! Thank you! Warm fuzzies!

**What A Lovely Way to Burn**

**Chapter One**

"Harassment by arson," Ben explained. He grabbed a small stack of papers from the glass coffee table and handed them to Justin. "The original defense tried to prove that the fires were caused by a handful of unhappy tenants, all of whom had records for varying degrees of theft and assault. Consistent trouble-makers." As Justin read, Ben shifted his eyes to the other side of the paper-laden table. Kate sat in the black leather chair, leaning slightly to her right with her legs crossed at the knees. The chair's armrest supported her right elbow as she absently played with the rings on her fingers. He followed her gaze to a point on the floor, noting nothing exceptional to keep her attention so finely focused. "The jurors felt the defense's use of the tenants' extra-curricular activities was enough to create reasonable doubt of Mr. Jefferson's guilt."

"It doesn't look like the prosecution had much to work with," Justin commented.

"No. The evidence the arson unit produced was circumstantial at best." Ben turned back to Justin. "Matt did what he could with it but in the end, the jury came back with a verdict of 'not guilty'. The deliberation lasted thirty-seven minutes."

"It says here that the insurance company paid out."

"He wasn't guilty," Ben shrugged. "Without proof of Mr. Jefferson's involvement, the insurance company had no basis to deny his claim."

"Five buildings," Justin said, shaking his head. "And now we have two more with evidence just as weak." He pulled his phone from his pocket, silently reading the incoming text. "Opening arguments are Thursday at ten. Damn it," he sighed. "Judge Mason pulled our ticket."

"Shit," Ben stated.

"Yeah."

"Good thing we'll have Kate at the table with us. You know how Judge Mason is with the ladies," Ben joked. Justin offered an amused smile as the two looked towards Kate. She slowly twisted the ring around her middle finger, oblivious to the conversation.

"Maybe we can train her to stare at the judge instead of the floor," he suggested.

"We have today and tomorrow to try," Ben said. "Hopefully this information helps. I'll see what else I can dig up for you." Justin nodded and stood.

"I have to go. I have a meeting with Davidson." He pulled his coat from the back of the couch and slipped it over his shoulders.

"How much longer until he's out of office?" Ben asked, pushing himself off the couch.

"Two months." Justin smiled. "Too long." He shook Ben's hand. "Thanks for the assist." Rounding the table, he gently placed his hand on Kate's shoulder, softly shaking her from her reverie. "Dinner tonight?" As she stood and smoothed the front of her skirt, he watched her eyes timidly flick to Ben then back to him.

"Uh, I-I can't tonight."

"Okay," he smiled lightly. "Another day then." He stepped to her side, bending slightly to place a quick kiss on her cheek.

"Kate!" Leo called from his desk. "Phone for you!"

"Coming!" she yelled back. She offered Justin a small smile. "Bye," she muttered, making a hasty exit.

"Seriously? That's how you kiss the woman you love good-bye?" Ben laughed and took a seat behind his desk. "No wonder she divorced you."

"I'm sorry? Explain to me how my kissing Kate is any of _your _business."

"I'm just saying," Ben shrugged. "If I had an incredibly good-looking woman like Kate at my side, I'd be kissing her appropriately."

"Really?" Justin scoffed.

"Really."

"Interesting. You've…kissed Kate," he said, motioning towards Ben. "What does it say for you that it only happened once?"

"All right, that's enough." Kate skipped back into the office and grabbed Justin's arm. "I'm sure you have work to do back at the courthouse. And this is definitely _not_ a conversation the two of you need to be having." She ushered Justin out of the office and closed the door. She turned to Ben, giving him a stern look.

"What?" he asked innocently.

"Is that really necessary?"

"Is _what_ really necessary?" Kate rolled her eyes.

"Never mind." She sat heavily in the chair in front of the desk.

"So were you listening to what we discussed? Or were you too far into La-La Land to care?"

"I listened to most of it," she lied. Ben raised his eyebrows.

"Which parts?"

"It's not like the two of you really need me for this."

"On the contrary, Katie. _You _are going to be the most important person at that table." He smiled. "Judge Mason is hearing the case."

"Oh, ha, ha. And you need my _assets_, right?"

"It wouldn't be the first time you…used your _assets_ to get the upper hand in a case." He leaned back in his chair, folding his hands over his stomach. "Your little inattentional blindness demonstration was quite…asset-y."

"I wasn't trying to get the upper hand in that case. I was trying to prove you wrong. Which," she smiled, "I did." He waved a dismissive hand.

"Yes, yes, you pulled one over on me, you clever minx." He frowned and titled his head to the left. "Should I find it funny that, when all was said and done, your presentation actually had no relevance to the case?"

"Oh, shut up," Kate snapped, moving to the couch. She pulled a few papers from the table, sinking back into the cushions as she read.

"Anything I need to clarify for you since you slept through class?" Ben asked, sitting beside her.

"Nope."

"We're going to hand the defense their asses with this case, Katie. It will certainly make Justin look great heading into the DA position."

"Sure will." He watched her for a moment as she shifted against the cushions, seeking a more comfortable position. When she crossed her legs, his eyes moved to the mid-thigh hem of her dark grey dress. His focus wandered slowly along the length of bare skin presented and settled on the silver, small-linked bracelet that rested around her right ankle.

"Is this…uncomfortable for you?" he asked. She frowned and looked at him.

"Your couch?" He regarded her with playfully narrowed eyes.

"I like nice things, Katie. Don't you _dare_ tell me this ten thousand dollar couch is uncomfortable," he scolded jokingly. "I meant this whole thing with me and Justin." He crossed his index and middle fingers. "Working together like we're best buds."

"No," she answered quickly, setting the papers in her lap and looking away. "It's not."

"No?"

"No." He smirked, amused that her eyes continued to roam the floor and avoid him. He knew she was lying; that it was incredibly uncomfortable being in the same room with the two of them. She shut down, unable to talk to or look at either man. Ben pushed her uneasiness aside and pressed on.

"Justin knows I kissed you," he stated. Kate's eyes stilled, drilling an angry hole into the floor.

"Does he?"

"He does."

"Hmm." After a few moments of awkward silence, she turned to Ben and sighed at his expectant look. "We had a-a fight a couple of weeks ago and it just…it just came out." She stood, papers clutched tightly in her hand. "Happy now?" He stood, taking a step towards her.

"I am rather tickled that you talk about it," he smiled smugly.

"I didn't _talk _about it. I just…mentioned it."

"Well, how sweet that it was worth _mentioning_." He dropped his smile and a filed a scathing edge to his voice. "Did you _mention_ it just to spite Justin?"

"I'm going back to my office now," she said, moving towards the door.

"So we're still on for dinner tonight?"

"Whatever." She opened the door.

"Bye, Katie," he called sweetly. Ben let a satisfied spread across his face as Kate growled and slammed the door.

**! #$%**

"So, why are we here again?" Justin asked as he followed Davidson into the restaurant.

"Can't a boss take his favorite ADA out for a drink?" he asked, leading Justin across the room to the bar. He sat on one of the high-backed, leather padded stools at the far end of the bar and patted the stool to his right.

"Yeah," Justin scoffed, taking a seat. "I suppose."

"We have so little time before you take over the office. We should spend that time discussing your new job."

"You mean you giving me pointers."

"I'm flattered that you see it that way," he smiled.

"Okay," Justin said slowly. They ordered their drinks and sat quietly for a few minutes.

"Are you ready for opening arguments Thursday?" Davidson asked.

"I'm waiting for a few things from the police department, but, yeah, I'm ready." He lifted the glass tumbler to his lips, taking a slow drink of Scotch. "I'm bringing Ben Grogan on board. He has connections to the prosecuting lawyer from the first trial."

"Harper?"

"They went to USF together," he nodded. "Harper is tied up with a trial right now, so he sent Grogan all of his files on Mr. Jefferson."

"Smart move," Davidson nodded. A reflection of light slid across the wall behind the bar, directing his attention to the restaurant's doors. "Well, well. Speak of the devil and he shall appear." He motioned, glass in hand, towards the door. Justin turned to his right, watching as the hostess escorted Ben and Kate to an L-shaped booth. "Something going on there?"

"Not if I can help it," Justin mumbled. He rested both elbows on the bar top and took another drink.

"Jealous?"

"There's nothing to be jealous about," Justin replied evenly.

"Hmm. You're not worried that your wife…" He held up a hand in apology. "I'm sorry; your _ex_-wife is having dinner with another man?"

"They work together, Aaron. It's not unheard of for co-workers to dine together." He lifted his glass, uncurling a finger to point at Davidson. "Or have drinks."

"Yes," Davidson laughed. He twirled the last quarter of scotch around the bottom of his glass. "Rumor has it that Kate moved in next to Mr. Grogan."

"That is the rumor," Justin affirmed.

"Is that really what it is? A _rumor_?"

"Kate moved into one of the apartments we looked at when we decided to move in together." He turned to Davidson. "It is just a coincidence that Grogan lives next door."

"Are you sure about that?" Davidson laughed lightly when he did not verbally respond; simply turning his eyes back to his ex-wife and her partner. "Don't worry, Justin," he said, putting a friendly arm around Justin's shoulders. "If Mr. Grogan is anything like his reputation implies, it won't take long for Kate to come around." Justin raised his glass once more, finishing the light brown liquid as the mockery in Davidson's inflection settled around them.

**! #$%**

"I would very much like to get drunk tonight," Kate stated as she read over the menu. "Really, really drunk."

"Well, as much as I would like to help you with that, Katie, we do have to work in the morning."

"Ugh," she said, making a face. "Seriously, would Lauren even notice we weren't there?"

"I know Lauren's been busy with Robin Archer and his conquering of the world, but we are two-thirds of the partners at Reed and Reed. I'm pretty sure that would not go unobserved." Kate scowled.

"It's not fair," she said matter-of-factly. "I could be having a good time tonight."

"You're not having a good time having dinner with yours truly?"

"You are a little easier to take after I've had a few glasses of alcohol." Ben smirked.

"After a few glasses of alcohol, I'm sure _you _are a little easier to _take._"

"Very mature, Benedict."

"Am I wrong?" She glared at him for a long moment.

"No," she answered quietly.

"And I'll keep that in mind." Kate rolled her eyes and returned to the menu.

"Shouldn't you be deciding on dinner instead of taking notes on how to get me into bed?"

"I come here often enough; I know what I'm going to order." He leaned forward slightly. "Which leaves me plenty of time to take notes," he whispered loudly. She shifted the menu, blocking Ben from view. He smiled and leaned back into the booth, eyes wandering around the near-empty restaurant. Tuesday nights were always quiet, never more than a quarter of the tables filled with patrons. The service was quick and pleasant, the food excellent and the ambience of dimmed lighting relaxing. The restaurant had not been his original dining destination, but, given his daylong pestering of Kate, he figured he owed her a peaceful evening.

Ben frowned slightly as he glanced to the other side of the room, spotting Justin and Davidson sitting at the bar. He recalled Justin's earlier comment about kissing Kate. Ben had not needed her to explain how Justin found out about their kiss. He had been walking past her apartment door the night of the argument.

_ "We can't keep having this conversation. Justin, I moved out-"_

_ "Yeah, and in with Grogan," Justin interrupted._

_ "I did not move in with Ben."_

_ "Semantics, Kate. You moved into the fucking apartment next door to his. How long did you know him before you slept with him?"_

_ "I didn't sleep with Ben!"_

_ "What about your trip to Lake Tahoe? Anything happen __**there**__ that I should know about?"_

_ "Justin…"_

_ "You were so willing to let him use you for the Chernof case. What else were you willing to let him use?"_

_ "I didn't sleep with Ben!" she screamed again. "Justin, knock it off! We are divorced," she said, angrily punctuating each word. "We have been for almost a year. And what I decide to do or not do with Ben is none of your goddamned business! Why do you even care, huh? What if I__** want **__Ben to use me? You fucking gave me __**permission**__ to be used by whomever I want!"_

_ "That was before we decided to work things out. And what you just said sounds like admittance to me, Kate."_

_ "Admittance," she scoffed._

"_Don't think that I don't see the way he looks at you. __**Or**__ the way you look at him." Justin sighed. "I want to know why you lied to me."_

"_Lied to you?"_

"_Yeah. You said you weren't running towards another man. Yet, here you are, oh so chummy with your __**fucking**__ neighbor."_

"_I already told you that I didn't know he lived next door."_

"_Don't give me that crap. Why don't you just tell me the truth, Kate? I know something's going on with the two of you."_

"_You know what? Fine! You want to know what happened; I'll tell you. I kissed him. That's right. I kissed Ben Grogan. Once. __**We**__ were not together at the time. You and I were __**nothing**__. Just two people who divorced because __**you**__ slept with another woman while __**we**__ were fucking married!"_

_ "I'm not here to talk about what I did. We both know that part of the story. It's your turn to share."_

_ "Get out."_

_ "No. I want a goddamned answer, Kate!"_

_ "Get out! I will not apologize for something I did not do!"_

"How do I decide what to order?" Kate asked, pulling Ben from thoughts. "Everything sounds so good." He slid along the vinyl covering of the booth, settling in the corner and taking the menu from her hands. She obliged when he motioned her closer.

"How hungry are you?" he asked, resting his right arm over the back of the booth behind her.

"Starving," she answered with a laugh, leaning a shoulder into him.

"Then how about this?" He pointed to a selection from the right page of the menu, closing a bit of the space between their bodies. As Kate followed his direction, Ben looked towards Justin, resisting the urge to smile at the clearly unamused look on the ADA's face.


	2. Chapter 2

**a/n:** Thank you to all who are hanging around. Things are kind of pissy in this chapter, but, it is what it is. For now.

**What A Lovely Way to Burn**

**Chapter Two**

Justin opened the front doors of the Reed and Reed building, turning briefly to shake the water off his black umbrella. Folding the canopy, he wound the small strap of fabric around it and closed the clasp. He sighed as he made his way through the lobby, the prospect of seeing Ben Grogan festering his irritation. He had wanted to believe that Ben and Kate had been at the restaurant sharing dinner simply as colleagues. However, the spiteful look Ben had offered him and the forty-five minute display that followed had been infuriating and detrimental to any wishful thinking.

Ben had moved to the corner of the booth, slipping his arm behind Kate as she joined him. It was then that Ben looked at Justin, his expression impassive yet somehow taunting. _"I'm here and you're not,"_ he seemed to say. Justin could feel his jaw clench, but he let it go, trying to focus on the so-called advice Davidson spewed. His ability to ignore his ex-wife and her partner, if it had truly been present, had weakened quickly, and his eyes continued to wander from the bar top to their table. Justin watched as Ben, still in the corner next to Kate, lifted a hand to brush her hair over her shoulder, fingers running along the line of her jaw in the process. Throughout their dinner, Ben remained in close proximity to Kate, smiling at her, leaning into her. Touching her.

Justin made the consideration that Kate's behavior towards Ben was inadvertent. She was playful by nature, the trait an undeniable and enticing part of her charm, and Justin knew she was habitually unaware of how often she flirted. He believed Ben to be an opportunist looking for an easy score, and Kate's naiveté made her a perfect target. Giving Kate the benefit of the doubt, however, did not make the way she flirted with Ben any less sickening. And it made the way Ben flirted in return that much more repulsive.

"Hold the door! Hold the door!" Justin shook away his thoughts, reaching forward to wrap his fingers around the edge of the elevator doors. "Hold the-" He gently pushed the doors towards the recess and smiled softly at the woman rushing to enter the elevator.

"Kate," he greeted.

"Uh, Justin. Good…good morning." Kate skipped into the car and Justin released the doors.

"You're wet," he commented, taking in the darkened state of her hair and her beige coat.

"Well, it _is_ raining," she answered, keeping her gaze forward.

"Did you take a cab?"

"Yeah. Don't drive, remember?"

"Grogan didn't give you a ride?"

"He had to come in early," she said slowly, pretending not to notice the hint of malice in his voice.

"How was dessert?" Justin asked, moving to face her squarely.

"What?" Kate turned to face him.

"Dessert," he repeated. "You know, what you were feeding Grogan last night."

"You…were at the restaurant?"

"I was having a drink with Davidson. I'm not surprised that you didn't notice; you _were _pretty occupied with dinner." He faced forward again, recalling the way they had shared the two dishes, Ben teasingly coaxing Kate's mouth near his with a bite of his dessert. "I particularly enjoyed the way Grogan shared his. Very 'Lady and the Tramp' of him," he stated. The elevator stopped its ascent and the doors opened. "I could have given you a ride to work, Kate."

"Not with that kind of attitude," she muttered, walking briskly through the doors.

"Attitude?" She stopped as she reached the glass doors, turning abruptly and pinning him with an angry glare.

"Not here," she said through clenched teeth.

**!#$%**

Ben hooked a finger under the left cuff of his grey suit coat, glancing at the watch on his wrist. Justin would soon be joining him for a run through of opening arguments. Ben could not stop the devious smile that crossed his face. Though he did not normally relish the thought of seeing the ADA, Ben was curious to know if the displeased expressions exhibited the previous evening were still present on Justin's face. Dinner with Kate would have been plenty to end the day on an elated note. Justin's blatant hatred was the icing.

Ben leaned back in his chair. His initial move to close the space between himself and Kate had been simply to annoy Justin. Kate, in her innocent lure, played right into the game. Much to Ben's delight, she had relaxed quite a bit since leaving the Reed and Reed offices. She had been receptive to his physical closeness, his soft and subtle touches, and let her frisky nature show. He quickly forgot his stabs towards Justin and focused his energy on the woman at his side.

_ "Oh," Kate murmured, her eyelids fluttering closed. "This is the best cheesecake I have ever eaten." She opened her eyes and stabbed another bite out of the slice. "Here, try this." She held up the fork, poised for him to take the bite._

_ "No, thank you," he smiled politely._

_ "Oh, but it's so good, Ben. The strawberries are so fresh."_

_ "I know it is. I've had it before." He used his fork to point at his plate. "Very much in the mood for my apple pie. Sorry." She pursed her lips and slid into the small amount of space separating them._

_ "Come on, Benedict," she invited seductively, gently waving the fork in front of her. "You know you want to." Ben let the corner of his mouth curl into a slight smirk._

_ "Oh, Katie," he said, shaking his head and turning away. She took a harsh hold of his chin, forcing him to look at her as she held the fork-full of cheesecake to his mouth. He took the proffered bite, calculating his next move. "Very, very good," he said._

_ "Ha, told ya so," Kate smiled. Ben smoothed his fork through the warm slice of apple pie on his plate, holding it in the air with his elbow propped on the table. He licked his lips and raised his eyebrows. Copying Kate's actions with much more gentleness, he placed his fingers around her chin. As he steered her closer, he moved the fork away from her mouth and closer to his. She smiled shyly, a tempting shade of pink touching her cheeks._

_ "Come on, Katie," he whispered. "You know you want to." He shifted closer to her with the smallest of movements, releasing her chin to trail a finger over her lips. He lowered the hand holding the fork, leaving only a small expanse of air between their mouths._

He could have so easily kissed her, but his actions would have certainly invited Justin to the table. The last thing he wanted was Justin butting into his "Kate time". But that certainly didn't keep him from spending the night thinking and dreaming about closing that breadth of space and conquering the pair of lips that desperately begged to be claimed.

"Earth to Ben. Come in, Ben." He shifted his eyes to the doorway.

"Leo," he greeted.

"Justin's here. And, believe it or not, so is Kate."

"Kate's on time?"

"Funny, funny, Benedict," she said, pushing past Leo. "Can we just get this over with, please?" she whispered. Ben nodded slowly as Leo motioned Justin into the room.

"Whatever you want, Katie."

**!#$%**

"Leo?" Ben called.

"No, no," Kate said, jumping to her feet. "I'll take them. I'll make the copies." She reached over the desk, grabbing the papers from his hand. "I'm on it." As she left the room, he could see her shoulders relax considerably.

"Kate's been really crabby today," Ben remarked. "What did you do to her?"

"I didn't do anything to Kate," Justin answered.

"Then why is she crabby?"

"Maybe _you_ did something," he offered. "Maybe living next door to you is shredding Kate's sanity." Ben smiled.

"I doubt that." He raised his eyebrows. "I'm a _great_ neighbor."

"Whatever," Justin scoffed.

"It's true," he continued, sitting forward and resting his elbows on the desk. "I am very hospitable."

"What the hell is that supposed to mean?"

"Kate and I spend a lot of time together," he shrugged. "We have dinner. Drinks. She's always more than welcome at my place."

"Dinner and drinks," Justin nodded. "Nice. Is that prelude to taking advantage of her?"

"Kate comes over under her own will." Before Justin could comment, he phone rang. Fixing Ben with a sour look, he pulled his phone from his pocket.

"It's Davidson. Can I have a moment?"

"Of course." Ben stood and wandered out of the office to Leo's empty desk. Slipping his hands in his pockets, he looked to the window, watching the rain cascade down the glass. The lightening flashed twice but in lieu of thunder, he heard an angry clip of heels across the tiled floor. He turned around slowly as Kate walked into her office, broom in hand. "Ride or weapon?" he asked, cautiously following.

"Both," she answered.

"I thought you were making copies." He frowned as he took in the mess of broken glass and candy scattered across the floor.

"I am. Well, the copy machine is making them."

"So…what happened here?"

"I missed the desk."

"Missed the desk?"

"I was setting down the bowl." She motioned towards the floor. "And I missed the desk."

"Are you a little distracted today, Katie?"

"Ben, don't," she warned. "Please." She leaned the broom against the front of her desk, not bothering to steady it as it slid to the side and fell to the floor. She knelt, picking up the pieces of the candy dish and setting them into the dustpan. "Do you want some help?" He settled on his knees next to her, carefully taking her wrist as she reached for a larger piece of glass. "I'm going to feel bad if you cut yourself."

"I can take care of it," she snapped.

"Okay." He released her and gathered a few smaller pieces. "I don't think Justin likes me," he said with a slight smile. "He doesn't have to. But, if the two of you are getting back together, I would appreciate a little respect, as I am your partner." Kate sighed and sat back on her heels.

"We are not getting back together." He looked at her.

"That's not what Justin thinks."

"I don't care what Justin thinks. We are _not_ getting back together."

"Oh, Katie," he said, offering a sympathetic look. "Are you stuck in the middle again?"

"She wouldn't be stuck in the middle of anything if it wasn't for you," Justin said, entering the room. Ben stood, offering his hand to Kate and helping her to her feet. "Don't you see what's going on here, Kate? He's just sweet-talking you, waiting taking advantage of you like he tried to do at the restaurant last night."

"Justin, stop."

"Come on, Kate. You can't possibly be that stupid."

"I don't' think there's any need for name calling," Ben chided. "Kate if fully capable of making her own decisions."

"Yeah. Until you weasel your way in and screw everything up." Ben turned to Kate.

"See?" he said, feigning a pout. "He doesn't like me." Kate bit her bottom lip as the tears started to well in her eyes.

"It's hard to believe _anyone_ likes you," Justin muttered.

"We've had this conversation before," Ben said amusedly. "Remember? Lauren tolerates me and Kate doesn't like me at all."

"Well she's smart not to."

"Stop it!" Kate screamed at them. "Just stop!" Justin reached for her arm but she quickly skipped out of his grasp. "Go away, both of you!" she yelled.

"Kate," Justin started.

"I can't take the smart-ass comments from the two of you anymore." She pushed her way between them and through the doorway.

"Kate, where are you going?" Justin called.

"Away!" Justin watched her walk away before turning towards Ben.

"This is your fault, Grogan."

"My fault? I'm not the one that said she was stupid." He took a step closer to Justin, smirk steady in place. "That wasn't very nice, ADA Patrick."

**!#$%**

Kate slammed her palms into the metal door to the roof, her breath immediately catching in her throat as she choked on the frigid air. The somber grey cloud that hung over the city mocked her. With the release of a cold breeze, it promised her no hope of relief in her escape to the roof. But the biggest derision accompanied the metallic click that sounded behind her.

"I came here to get away from you," she bit, keeping her gaze over the city.

"Well, that's too bad for you." Ben stuffed his hands in his pants pockets and looked at the darkened sky. He took a deep breath, smelling the poised moisture. "It looks like it's going to rain again," he said. "You should come in; you'll get soaked."

"I don't care."

"I do. This suit is too expensive for singing in the rain." She turned to him, eyes narrowed.

"Then _you_ go inside."

"No, no, Katie." He smiled and shook his head. "It's not going to be that easy." He moved to her side, peering into the city. "I'm sorry," he said after a moment.

"For what?"

"For…getting in Justin's face." He turned to her. "About you."

"Sorry, Benedict, but I'm not accepting apologies today." She offered a prissy smile and looked away. He frowned slightly.

"I don't expect you to accept it," he said truthfully.

"Then why are you saying it?"

"I may be a jerk, Katie, but I _can_ admit when I am wrong." Kate rolled her eyes and shook her head. A long stretch of silence settled over them, each looking in a different direction.

"Did you still love her?" she asked quietly.

"Who?"

"Your fiancé. After she…" She waved a hand.

"Yeah," he answered slowly. "I did. I still loved her after I…returned the favor." Kate turned to him again.

"How did you get through it?"

"I didn't handle it well, obviously," he joked. "Everyone deals with it differently, Katie. I played the revenge card and moved on."

"I don't know if…What if moving on isn't the answer?" It was Ben's turn to look away.

"Forgive and forget," he nodded. "That's a very noble but stupid philosophy, Katie."

"Stupid?"

"Yeah," he answered incredulously, turning back to her. "All you're doing is inviting more hurt."

"More hurt," she said doubtfully.

"Once a cheater, always a cheater," he scoffed.

"And what about you?" she asked, crossing her arms in front of her chest.

"What about me?"

"You cheated on your fiancé. So that lumps you in with all of the other cheaters," she said, circling a finger in his direction. "Unless you have a special group all your own," she smiled rudely.

"_She_ cheated on _me_, so, technically, my indiscretion doesn't count as such. And, yes, I _am_ a group by myself. No one's a bigger ass than I am," he sneered.

"That's right," she said tightly. "Your gift. Making things worse and disappearing."

"Don't forget the not caring." Kate frowned, expecting but not ready to hear the next comment. "And the being empty. But," he smiled smugly. "At least I can make a decision."

"Ben," she warned.

"But you? You can't pick a side…"

"Don't say it."

"And fly home."

"Well, I'm sorry!" she yelled. "This isn't as easy for me as it was for you."

"Who said it was easy for me? I felt like shit afterwards." Ben smirked. "Well, not _right_ after."

"Ugh," Kate said disgustedly.

"Ugh," he mocked. "Oh, don't be so modest, Katie," he said taking a couple of steps towards her. "Let's not forget the nice little proposition _you_ sent _my_ way. You were thinking a little revenge sex would be just the thing to boost your spirits."

"That was _not_ a proposition."

"No?"

"No."

"Then what was it?"

"It was a mistake. And you? _You_ should _not_ be pointing fingers here, Mr. Do You Believe in Fate. _You _propositioned _me_," she said poking a finger into his chest, "first!" He clenched his jaw and narrowed his eyes slightly.

"Oh, that was _not_ a proposition, Katherine."

"No?"

"No."

"That what was it, Benedict?" He took the last step between them, his voice dropping to a bitter whisper.

"A mistake."

**!#$%**

Kate sat quietly on the couch in her office, legs tucked to the side, drumming her fingers lightly on her thigh. She shifted her shoulders, looking for a more comfortable position against the wetness of her clothing. Driven from the roof by large, angry raindrops, she now felt trapped as she hid in her office. She wanted to go outside, needed to take a walk around the block and let her anger cool. She had not intended to be so mean to Ben. He had come to apologize and she turned her frustration on him. And her frustration seemed to lead her to all of the right buttons.

Leaning her head back into the cushions, Kate took a deep breath. She had to find Ben, had to apologize for the things she had said. Jumping to her feet, she wandered into his office. The absence of light from outside coupled with the amber glow of the lamp on his desk, gave a surreal appearance of late evening in the reality of a gloomy afternoon. She frowned at his empty chair and made her way through the room and into the walkway. She quickly scanned the reception area, still not able to find Ben. She turned to her left and headed towards the open break room, rounding the corner and walking right into the object of her search.

"Julius Fucking Caesar!" Ben yelled. They parted, each jumping back a step as the two coffee cups he was holding fell to the floor. Kate lifted her hands, wiping the hot liquid off the front of her dress.

"My, aren't we a little testy this afternoon," she bit back, carefully dropping to her knees to pick up the broken pieces of their coffee mugs. "I didn't see you. I'm sorry." She tried to sound sincere, but her apology was empty. She knew it; he knew it. With a frustrated shake of his head, he simply stepped over her outstretched arms and walked away. From her crouched position on the floor, she watched him duck into his office.

"Don't worry!" she screamed. "I've got it!" He emerged at that point, coat slung over his arm.

"Good!" he shouted, walking towards the main doors without looking at her.

"Asshole," she mumbled as she continued to clean up the mess. She stood and moved to the open break room, carefully dumping a handful of wet ceramic pieces into the small garbage can. Grabbing the can, and wondering what sticky mess her fingers had found, she rummaged through the small cabinet and pulled out a roll of paper towels. "It was a fucking accident," she said as she kneeled on the floor again, collecting the remaining pieces. She wrapped the paper towels around her right hand five times before tearing the length from the roll. Carefully, she reached forward, settling her hand at the far edge of the brown liquid, slowly drawing the towels through the spill. "It was an accident," she repeated, this time in near whisper as tears started to cloud her eyes. She dumped the wet towels into the garbage can and reached for the roll, wrapping the second bundle only twice. As she made another swipe through the coffee, a sliver of ceramic cut through both layers of towel, slicing the skin across her palm. "Son of a bitch!" She bit her bottom lip and tightly closed her fingers, the burn spreading from her palm to her elbow.

"Kate?" Leo called, walking up behind her. "Justin's on the phone for you." He stopped next to her, smiling at the mess on the floor. "This is why I always have your coffee ready for you. See what happens when you try to get your own?"

"Leo," Kate sputtered, leaning on a hip so she could face him. "I need…" His eyes widened as he caught the blood dripping from between her fingers.

"Oh, Kate." He crouched down, gently wrapping his fingers around her wrist. "Let me see."

"It…it hurts," she stuttered, trying to uncurl her fingers.

"Okay, okay. Here." He pulled a bunch of paper towels from the roll, folding them into a thick pad and placing it carefully over the wound. "Let's take this," he said, tucking the roll under his arm. "And let's get you up." Leo moved to Kate's side, putting a hand under her left elbow and an arm around her waist. "There you go," he lulled as they stood.

"Leo," she whispered. "I didn't mean to…"

"I know. It's all right," he soothed. "I need to stop at my desk and grab my keys."

"Keys?" she questioned as he lead her through the walkway.

"Keys, Kate. You need to go to the hospital." He removed his hand from her elbow, raising his fingers to her face. "Okay?" he asked, taking her chin and directing her attention to his eyes.

"O-okay," she nodded.


	3. Chapter 3

**a/n: **No worries. I promise a happy ending. A turbulent ride and a rough landing, but a happy ending. Also, I promise not to proofread at one in the morning…clearly my brain turns into a pumpkin at midnight and cannot catch any of my errors. For those that have commented or asked, I really don't hate Justin, I just haven't been able to think past the initial fight I imagined we would have seen in a third season. JKB, best love triangle _ever_. Someday I will write a fic that paints him a little better light : )

**What A Lovely Way to Burn**

**Chapter Three**

"So, are you going to tell me what happened?" Leo asked as he navigated the car through traffic.

"It was just an accident," Kate answered, absently staring out the window.

"I know that part. _How _did it happen?" She shook her head slowly, taking a moment before answering.

"I bumped into Ben," she shrugged. "He dropped the coffee mugs he was carrying." Leo pulled the car to the curb and shifted the gears into park. He pulled the keys from the ignition, remaining quiet as he listened to the pink of the rain on the car.

"What's been going on with the two of you lately?" he asked after a moment. "You're wearing on each other's nerves more than usual."

"I don't know." She looked down, lightly rubbing the tips of her fingers over the white gauze wrapped around her hand.

"Which means you're not going to tell me." He reached over the console, gently laying a hand on her arm. "You know…when you're ready, I'm here."

"Thank you," she nodded.

"Are you sure you don't want to stay at my place for the night?"

"It's a tempting offer, Leo, but I'll be all right."

"Ben lives right next door to you, Kate. And he'll be home soon." He shook his head. "I don't want to wake up in the morning to find that the two of you went to war in the middle of the night and destroyed half of the city." She laughed lightly and rolled her eyes.

"I promise not to destroy half of the city."

"How about promising not to go to war with Ben?" She reached for the door handle.

"Good night, Leo."

"Good night, Kate."

"Thank you for the ride," she smiled softly.

"Any time," he smiled back. Kate exited the car, quickly crossing the sidewalk to avoid a thorough soaking. She stepped into the lobby of the apartment building, wiping the water from her face as she moved to the elevator. Once closed behind its doors, an empty feeling rippled through her.

_ "Well, I'm sorry that I couldn't get you drunk tonight, Katie," Ben said, pressing the call button for the elevator. "But my offer still stands to get you loaded Friday." Kate laughed and leaned into Ben's arm._

_ "I do believe I'll be taking you up on that offer." As she pulled away, he reached for her hand, settling it into the crook of his arm._

_ "Wonderful." The doors opened and he pulled her into the car. "So is this going to be the 'Slow Ride to Content Inebriated Kate' or the 'I Can Do More Shots than You Smashed Kate'?"_

_ "I don't know." She scrunched her forehead and brushed a lock of hair from her face. "Neither one of us handled the last shot competition very well."_

_ "No, no we did not," he smiled. "I could have done without the hangover the next morning, but up until that point, I was enjoying the night."_

_ "Oh, shut up," she laughed, gently smacking his arm. "I warned you about that."_

_ "Yes, drinking and flirting go hand in hand with you." He looked at her, offering a smug smirk. "So I should pick up a bottle of tequila?"_

_ "You're not going to give 'Content Kate' a chance here, are you?"_

_ "In my note taking from earlier this evening, I learned that mixing you with alcohol increases my chances of getting you into bed, so…" He pretended to give her question good thought. "No."_

_ "Whatever," she joked. The doors opened and they moved into the hallway, Kate's hand still tucked along Ben's arm._

_ "You're not thinking this through, Katie. If what you're telling me is true, then 'Smashed Kate' could very easily turn into 'Content Kate'. Or, more accurately…" He cleared his throat. "'Satisfied Kate'."_

_ "Ben!" she giggled as they stopped at her door._

_ "What?" She removed her hand from his arm and began digging through her purse for her keys._

_ "What?" she mocked. "You just don't give up, do you?"_

_ "Don't ask me to bring you coffee while we're at work." He stepped closer. "I might have the urge to spike it," he teased with a whispered._

_ "Knock it off." She smiled and pushed him back a step. "You're ridiculous."_

_ "And you love me for it."_

_ "You wish." Kate turned and slipped the key into the lock. "Thank you for dinner, Ben. Now that I know the cheese cake is so good, you'll be taking me there more often."_

_ "Oh, I'll take you any time." She rolled her eyes and turned back to him._

_ "Good night, Benny Boy," she said playfully. He tipped his head slightly._

_ "Good night, Katie." With one last smile, Kate turned to enter her apartment._

Kate stood in front of her door, remembering the exchange from the night before. Ben had not allowed her to enter her apartment after saying their good-byes. He had reached for her, successfully snagging her wrist and pulling her back into the hallway. Gently, he had pushed her back against the doorframe, leaning into her with a soft, slow kiss. Before she had opportunity to return the kiss, Ben pulled away. Kate shook the memory from her mind and, with a sigh, leaned her forehead against the door.

"I let him kiss me like that and then I tell him moving on from Justin might not be the answer." She jammed the keys into the lock and entered her apartment.

**!#$%**

*** "All right, I have to go." Justin pushed off the couch, taking a few steps to Kate's side. "I'll see you tomorrow," he said, kissing her lips softly.

"That's how you kiss the woman you love good-bye?" Ben laughed. He rose from the black leather chair, slipping his hands into his pants pockets.

"No, no," Kate started, turning and putting a hand to Ben's chest as he approached.

"That's all right, Kate," Justin smiled. "Maybe I _could_ do better." He circled his fingers around her wrist, breaking her contact with Ben. He tugged gently on her arm until she was facing him again. Kate's hands immediately went to Justin's shoulders as he pulled her close. She felt her cheeks burn with embarrassment knowing Ben was no more than a foot behind her, watching Justin's arms circle her small form as he kissed her with much more affection than he ever showed in public. She kept her eyes closed, needing a moment to steady her balance before taking a small step backwards.

"Hmm. Almost believable," Ben chided. "Almost." He snaked an arm around Kate's waist and turned her around. With a soft hand skimming the skin along her neck as he pushed to wind his fingers in her hair, he pulled her to his mouth. Kate's hands followed Ben's arms to his shoulders, joining behind his neck as his arm tightened around her waist. She was breathless when he ended the kiss.

"It's time, Kate," Justin said softly near her ear. She opened her eyes when she felt Justin's hands on her shoulders. "Make your decision." Though she remained in Ben's arm, Justin's hands travelled along her arms, meeting her hands where they rested on Ben's shoulders.

"W-what?" she stammered. Justin's fingers folded between hers as she met Ben's eyes.

"You have to choose, Katie," Ben whispered.

"I-I don't…I can't…" Ben withdrew his hand from her hair and gently ran the tips of his fingers over her lips. A flash of lightening lit up the room, the thunder heavy in its bellowing.

"Choose, Kate," Justin whispered, leaning over her shoulder to place a gentle kiss on her cheek. Ben copied the movement, placing a kiss on her other cheek.

"Katie, choose."***

Kate pushed off the mattress, sitting up straight as a crack of thunder shook her surroundings. With a groan, she fell back into her pillow and ran a hand through her hair. As the lightening flashed across the sky, she felt around the mattress for the extra pillow. Once in her grasp, she rolled to her side, desperately pressing the pillow against her ear. Kate knew, however, that she had no chance of finishing an already restless night as another clap of thunder seized the air. As she lay curled under the blankets, staring into the darkness, her tears fell, creating a growing damp spot on the pillow beneath her cheek. She had not cheated on her spouse; she had not pushed to get back together. She was not the one asking for forgiveness or the one demanding she move on. She had not created the situation that put her in her own special ring of Hell.

Though Kate was not to blame for the inception, she _was _to blame for the continuance. In her fear of sudden change, she had not been honest with herself. Consequently, in her hiding, she had not been honest with Justin or with Ben. Kate could think of dozens of reasons to reconcile with Justin. She could think of dozens of reasons to allow Ben's pursuance. How could she make a decision when all she could focus on were the unknowns, the possibilities of being hurt yet again?

**!#$%**

Ben wandered to Kate's office, stopping in the doorway and leaning a shoulder into the frame. Kate stood at the front of her desk with her back to the door, offering him several long moments to watch her. He had been truthful during their exchange on the rooftop, saying that he did not expect her to accept his apology. Ben knew Kate's state of mind; understood the betrayal caused by affairs. Yet, he purposely pushed Justin's buttons, and purposely did so in front of Kate. Though she had not conceded with words, she knew the game he was playing. His apology _was_ sincere, however, and, accepted or not, he had been certain she would see it as such.

Ben had not expected the conversation to get out of hand, but if he and Kate were good at anything, it was bickering, and they let their talent show with cheap shots. Having felt a great deal of regret over calling his interest in her a mistake, he headed to the break room for a peace offering. With two cups of coffee in hand, he took a calming breath and mentally prepared his apology. He searched for the right thing to say, anything that would show his remorse without regurgitating the words "I'm sorry". As he had moved towards the walkway, Kate had rounded the corner. They had crashed into each other, sending both mugs to the floor. Her annoyance had been obvious, his frustration still standing ready at home plate. He should not have allowed his irritation to show, but he had, and walking away was the only feasible action in preventing an all-out shouting match between them.

During much of the previous day's drive home, Ben had tried to decide between stopping at Kate's apartment and simply moving on to his own. Pulling into his parking space, he had opted for the latter; presuming they both needed the night to cool down. He had offered Kate a ride to work in the morning, via a quick text message before settling into bed. When he woke at fourteen minutes to seven, he was surprised, though he knew he that sentiment was unwarranted, that his text went unanswered.

Crossing his arms in front of his chest, Ben pushed the wary thoughts from his mind and focused on Kate's attire. She wore a knee-length black skirt and simple black heels, appropriate dress for court. What he did not understand was the over-sized grey hoodie that hung loosely over the top half of her body. The dreary weather ushered in a damp coolness, but the Reed and Reed offices were their usual comfortably warm. He watched her carefully, waiting for her to shiver or to pull the hoodie tighter around her body, any sign to indicate that she actually was cold. Not seeing any of the expected signals, Ben took to watching her movements. Kate sorted through her stack of papers with her left hand. Her right hand remained hidden from his view, in front of her body. He assumed she was holding a cup of coffee, until she shifted her stance slightly, allowing him to see the coffee cup on the desk. Ben dropped his eyes to Kate's shoes, searching for the silver chain she had taken to wearing around her ankle. Finding no chain, he chose to make his presence known.

"Kate," he called softly. She turned quickly, eyes wide.

"Ben. You scared the hell out of me." As he closed the door, he dropped his eyes to the floor, nodding in acknowledgement of startling her, though he made no apology.

"What happened to your hand?" he asked quietly, fixing her with a steady gaze.

"Uh, what-what are talking about?" Kate lifted her left hand, using a finger to brush the hair from her face. Ben held in a frustrated sigh and moved slowly towards her. "I, uh, I have a lot to, uh, to-to look at here," she explained quickly turning away from him. He stopped half of a step behind her, placing his hands on her sides.

"What happened to your hand, Kate?" he asked again, his voice almost a whisper over her shoulder.

"Nothing." He carefully tightened his grip on her, turning her to face him. She crossed her arms in front of her chest and then moved to clasp her hands behind her back; seeking any possibility of keeping her hand away from her partner's searching.

"Kate," he warned, roughly taking hold of her right elbow.

"Ben, don't," she begged. He drew her arm between their bodies, slowly pulling back the worn cuff of the hoodie. He looked at the gauze wrapped poorly around her hand.

"What did you do?"

"I, uh…I cut it."

"How?" he prodded, a slight edge to his voice.

"Cleaning up the…coffee." Kate dismissively waved her left hand. "Yesterday."

"Who wrapped this?"

"I did," she answered defensively.

"You didn't do a very good job. Do you have…?"

"In my bag," she nodded, offering nothing further.

"Where _is_ your bag?" Kate looked at him, face impassive as she refused to answer. "Where is your bag, Kate?"

"You're not supposed to dig through a woman's purse, Ben." He tightly took hold of her elbow again, dragging her around the corner of the desk. He lifted her bag off the floor and moved her to the couch.

"Sit," he ordered.

"Ben, you-"

"Sit." She caught the coarse tone of his voice and immediately took a seat. He sat next to her, retrieving a small baggie of first aid supplies from her bag. "Give me your hand." Hesitantly, she did as told. His fingers were soft and careful against her skin as he removed the wrap. Ben frowned once her palm was exposed and Kate turned away, not wanting to see the reproach on his face. "How many stitches?"

"Nine," she answered.

"You have to take better care of this, Katie." She turned to him as his nickname for her rolled gently off his lips. "You're going to have problems otherwise." He kept his attention focused on her hand as he applied the clean bandages. His anger began to build again, though this time over an injury he unintentionally caused. He should have stayed and helped her clean up the mess caused by their collision. "We're due in court at ten. Am I taking you or will you be meeting us there?"

"Do you want to take me?" she asked quietly.

"I don't care either way," he answered, pretending not to notice the nervous, almost shy nature of her voice. He finished his ministrations by placing a small strip of tape at the edge of the gauze wrap. "Well?" he asked, looking at her expectantly. "Or can't you make this decision, either?" Kate opened her mouth to argue but Ben cut her off with a curt wave of his hand. "Let me help you out a little bit. I'll meet you there," he said, standing.

"Fine."

"Fine." He left the office, loudly closing the door behind him.

**!#$%**

Justin made his way through the crowded courtroom, heading towards the prosecution's table near the front of the room. He spotted Ben at the table, sitting in the second of the three chairs provided. Looking around the room and unable to find Kate, he continued his forward movement. Setting his briefcase on the table, Justin released the top button of his suit coat and sat in the chair to Ben's left. He watched as Ben scribbled a few notes on his white legal pad.

"Where's Kate?" Justin asked.

"How the hell should I know?" Ben countered; eyes still on his paper. "I'm not her keeper."

"Was she at Reed and Reed when you left?" Ben dropped his pen and turned to face Justin.

"If you're going to ask me why I didn't give her a ride, I'm just going to repeat my last answer." Justin stared at him for a long moment.

"I wasn't going to ask that," he lied. A familiar click floated through the air to both sets of ears. "Let's do this later," Justin suggested.

"Yeah, later," Ben agreed. They turned their attention to the middle of the room as Kate made her way through the crowd. She rounded the front of the table, not acknowledging either man. She sat in the chair to Ben's right, resting her elbows on the table and lacing her fingers. "You're late," Ben whispered, leaning a little closer to her.

"I had trouble getting a cab," she hissed back.

"Couldn't decide which company to call?"

"Cabs are hard to find when it's raining," she tried to justify, refusing to look at him. He nodded, giving her a good once-over. He noticed she was no longer wearing the over-sized hoodie, rather a black blazer with sleeves long enough to cover her hands. "Can we not do this?" she asked, finally turning towards him.

"Whatever you want, Katie." He picked up his pen, twisting the ends between his fingers as he sat back in the chair. His movement left the line of sight open between Kate and Justin. She cringed at the very unhappy look the ADA offered her.

"Seriously? You couldn't be on time, just once?" Justin asked.

"This _is_ kind of important, Katie," Ben added. She fixed both men with an angry glare and looked away.


	4. Chapter 4

**a/n:** Okay, so this one is a bit shorter than I originally intended. I just was not happy with the ending I had. So, I pushed it to the next chapter with the hope of refining. But, since it's been so long since I last updated, and I promised that I would update _yesterday_ (And I feel really bad for lying to GImmaQueen about that, again – sorry ), here it is :) Thank you all for your reviews! Let the petulance continue…

**What A Lovely Way to Burn**

**Chapter Four**

"How was court?" Leo asked, taking a seat in front of Kate's desk.

"Wonderful," she deadpanned. "It wasn't enough to have Judge Mason eyeing me up, but Mr. Jefferson had more than his fair share of time, too."

"Judge Mason," he laughed. "It's a wonder that man hasn't been called on his roaming eyes yet."

"Yeah." As she stared at her desk, he watched her silently for a long moment.

"What's on your mind?" he asked.

"What?"

"Your mind," he repeated. "What's on it?"

"Nothing." Kate looked up. "I'm tired, that's all." He nodded.

"Bullshit." He leaned forward, resting his elbows on his knees. "Are you still fighting with Ben?"

"Has the city been destroyed?"

"Kate," he scolded. "Come on, what's going on with the two of you?"

"I was mean to him."

"You're always mean to him."

"No," she said, shaking her head and sitting forward. "I mean I was _really_ mean to him. I may have…I may implied that he was empty a-and less than honorable."

"Implied?"

"Or said." She faked a smile. "Again."

"Again?"

"Justin and Ben were in here, fighting and puffing their feathers," she explained, tapping a finger on the desk. "And I just couldn't take it anymore. I went up to the roof and when…when Ben came to apologize, I refused to accept his apology and took my frustration out on him." She sat up straight. "I shouldn't have said the things I said. And, yesterday, I was going to apologize to _him_, but we crashed into each other in the hallway and…."

"And it was just one more dart in the board."

"Yeah."

"And what about Justin? Are you fighting with him, too?" Kate nodded.

"I still love him. I'm always going to love him. But…I mean…it will only be a matter of time before we have another big blow-out fight, right?" Leo nodded. "And how do I know that he isn't going to find some other floozy in a bar?" She sighed and crossed her arms over the desk, leaning her chin on her wrist. "And he thinks I slept with Ben. He thinks that's the reason I stopped looking for apartments and moved out." Leo raised an eyebrow. "I did _not_ sleep with Ben. A-and moving in next to him was just…it was just a coincidence. I didn't know he lived next door." She shook her head. "Even with a new start, I just don't see a relationship with Justin heading in the right direction."

"What _is_ the right direction?"

"Right now, the right direction is home." She smiled. "And into a nice hot bubble bath."

"Kate?" Ben called from the doorway. "Are you ready to go?"

"Go where?"

"Home," he said incredulously. "It's well past quittin' time, Dearie. I can give you a ride."

"Right direction," Leo coughed conspicuously.

"I, uh…" Kate looked to Leo with pleading eyes. "I have a bunch of stuff to finish."

"She has nothing to finish," Leo said. "She will happily accept your offer." Ben smiled at the angry look Kate flashed Leo as he stood, seizing a handful of jellybeans from the jar on her desk. "Good night, Kate. Good night, Ben," he said, walking through the doorway.

"Leo doesn't…he doesn't know how much I really have to take care of," Kate explained.

"He's your assistant," Ben started with a slight frown, walking further into the office.

"Yes, he is."

"And yet he doesn't know what you have going on?"

"Not today, I guess," she shrugged with a forced smile. Ben nodded as Kate pretended to busy herself with the papers on her desk. He took a few steps forward, reaching across the desk to grab her phone. "Hey!"

"See you tomorrow, Katie," he said, waving the phone over his shoulder as he walked out of the office.

"Damn it!" She grabbed her bag and skipped around the desk, chasing after him. "Ben! Give that back!" She pushed through the glass doors just as he entered the elevator. "Hold the door!" she yelled.

"Decided to call it a night after all, huh?" Ben teased as she slipped between the closing doors.

"Where's my phone?" she asked, opening the buttons of his suit coat.

"Hey," he protested weakly as her uninjured hand roamed the inside pockets. "Good thing we're the only two in the elevator, Katie. Wouldn't want it getting back to Justin that you were feeling me up in public." Kate immediately stopped and withdrew her hand. "Don't give up now," he said, feigning a pout. "You haven't checked _all_ of my pockets yet." She dared a quick shift of her eyes to his pants then back to his face.

"Give me my phone," she demanded.

"Not until we're home."

**!#$%**

Ben bounced lightly on his heels as the elevator ascended to the fifth floor. The pretentious silence that had bathed the car during the ride home had followed them into the building. Kate had glanced at Ben several times during their drive, quickly turning away every time he tried to meet her eyes. He knew by the mannerism that she had something to say. The fact that she had remained quiet bothered him more than any thoughts about the words that might leave her lips. Ben just wanted to spend the time with her, get through the evening with Kate understanding that he really _was_ remorseful for his childish fights with Justin, and his cruel words to her.

Ben shifted his eyes to the right, seeing Kate in his peripheral. Taking her phone had been an effectual method of getting her out of the office. He concluded that holding her phone hostage a little longer would be the only way to keep her in his presence long enough for him to make a third attempt at an apology. He cleared his throat as the elevator signaled its arrival. Once through the doors and into the hallway, Kate stopped suddenly and turned to Ben, holding out her hand.

"My phone."

"You're coming over," he said, stepping around her.

"Um, no, I'm not."

"Well, you don't get your phone back then," he stated, continuing towards his apartment.

"Ben," she whined.

"Come on," he encouraged. "I'll make dinner."

"I don't want dinner." She trotted slowly after him. "Just give me my phone."

"I've been with you all day and _I _haven't eaten," he started, pulling his keys from his pocket. "So I know you haven't either." Ben opened his door and motioned with a sweep of his arm for Kate to enter. She glared at him, willing his steady impassive expression to falter and his hand to offer her phone. He shook his head and sighed. "I can order pizza if you would prefer that I not cook." When Kate offered no answer, Ben shrugged and walked through the doorway. "How's your hand feeling?" he asked, setting his briefcase on the floor of the closet.

"It's sore," she answered, slowly entering the apartment.

"Would you like some ibuprofen?" he asked, closing the door as she wandered into the living room. She dropped her bag next to the couch and turned angrily towards him.

"Why are you being so nice to me?"

"Shouldn't I be?" he asked, smirk in place as he slipped his hands into his pockets and walked towards her.

"You should be _all_ of the time," she huffed. "But, this week…" Kate poked a finger into his chest. "What's your problem? You have been nothing but an-an _ass_ this week."

"_I've_ been an ass?"

"Yes! All of the smart-ass comments. The-the…" She gestured with her hands. "The back and forth with Justin. Why? And why do you have to do it in front of me?" Ben nodded.

"I don't have an answer for you, Katie. I've just…been an ass," he shrugged.

"Yes," she repeated. "An ass."

"I already admitted to that." He took a step towards her. "But what about you? Hmm?" He tilted his head slightly. "Your little speech on the roof yesterday? You were kind of a bitch, Katie." Before Kate realized what she was doing, she lifted her injured hand, slapping Ben across the face. He quickly recovered, tightly grabbing her wrist as she registered the sting across her palm.

"Ow, ow," she complained.

"Yeah," he scowled. She reached for his hand, trying to pry his fingers from her wrist. "Stop it."

"Let go, Ben. That hurt." She put her left hand against his chest, pushing against him as she tried to free her right hand.

"I know. Stop it," he ordered again. Fighting against her efforts, he secured his arm around her waist, bringing their bodies together. "Katie, knock it off."

"No. Let go of me!" With his fingers still tightly around her wrist, he turned her around.

"I said 'stop'," he snapped quietly over her shoulder. He released her hand and secured both arms around her, severely limiting her exertion. "Let me see your hand."

"It's fine," she said, taking one last attempt at freeing herself.

"Let me see it." Kate sighed and lifted her hand, carefully opening her fingers to a dark pink seeping through the white bandage. "It's bleeding again."

"It's fine," she repeated. Ben urged her forward with a nudge of his knee to the back of her leg. "What are you doing?"

"I'm going to fix you, Katie."

"Fix me?" she repeated, countering his movements by pushing back against him.

"Yes, fix you. Move." Several contentious minutes passed as they moved through the hallway, Kate struggling against Ben as he forcibly urged her forward. "Stop fighting, Katie."

"Ugh! I'm not going anywhere with you!" Ben stilled, keeping his arms around Kate.

"Would you rather I pick you up and carry you?" She stopped struggling and with partial concession, obeyed his coaxing. Once through the bedroom and into the master bath, he released her, and closed and locked the door.

"You don't need to do that," she said. He turned to her with an angry frown.

"You'll run as soon as you get the chance," he said, moving towards her. "That," he stated, pointing to the door, "will slow down your attempt to escape."

"I'm not going to run," she said quietly as he backed her against the vanity.

"Yes, you will." He reached over her shoulder, opening the mirrored door of the medicine cabinet. As she settled the backs of her hips against the granite countertop, she tried to calm her ragged breathing, noticing that Ben's breathing was no more relaxed. She dared a glance at his face, needing to see his expression but not wanting to meet his eyes. "Give me your hand," he said, setting down a couple boxes of first aid supplies. She quickly looked away and did as told. He held her hand palm up, softly rubbing the backs of her fingers to calm the muscles in her firmly clenched fist. When her fingers finally uncurled, Ben opened the top drawer of the vanity, removing a small, silver pair of scissors. With slow movements, he cut through the bandages.

"I don't need you to do this," Kate said quietly. Ben did not answer, simply intently watching her as he removed the wrapping. As she had been doing all week, she directed her gaze downward. She looked to her left, purposely avoiding him. He noticed the tension holding her shoulders and the tear that trickled down her cheek. Taking a half step to the side, he stood fully in front of her, blocking her view of the floor. Ben let a small touch of amusement grace his lips as Kate turned her head, looking to her right.

"Next time," he started slowly, setting the used bandages on the countertop behind her. "Hit me with your good hand." He turned his eyes to her injury, easing his fingers from cradling her hand to circling her wrist. "You're lucky you didn't rip any of the stitches." He straightened his arm pushing her hand further from her body. He stepped into her and slid his free hand behind her neck, forcing her to face him. "I don't want to fight with you, Katie," he whispered against her mouth. She closed her eyes and slowly shook her head in agreement. Taking a small step back, he finished wrapping the wound. He gently took both of her hands and pulled her from her lean against the vanity. "All done," he said quietly, once again crowding her personal space.

"Th-thank you," she whispered. He watched as her gaze flicked to the door then uncertainly up to his eyes. He released her hands with a soft brush of his fingers against the skin on the inside of her wrists. Taking the opportunity, Kate took a step back and moved towards the door. Ben moved to stand behind her, approaching as her hand closed over the doorknob.

"I thought you weren't going to run," he said. She stilled as he lifted both arms, surrounding her as he place his palms against the door.

"I-I…You said you were done."

"So you're admitting that you're running?"

"No, that's not what I said."

"Then where are you going?" She let go of the doorknob and turned to face him.

"I'm not going anywhere."

"Yeah, that's right. You're not." His features softened as his gaze wandered between her eyes and her lips. "Let me make dinner for you. Please?" he implored quietly. "Then you can have your phone back and go home if you want." Kate took a deep breath and nodded.

"Okay," she whispered.

"Okay."


	5. Chapter 5

**a/n:** Thank you for the wonderful reviews! It's been a bit, but here we go again…

**What A Lovely Way to Burn**

**Chapter Five**

Kate stood in front of the sink, rinsing the dishes before placing them in the dishwasher. Dinner had been painfully awkward. There were no words spoken, not much food eaten. She had taken a few opportunities to glance at Ben, wanting to break the silence and apologize for slapping him. Every time she drew the courage, however, Ben happened to look at her and she quickly retreated, shyly dropping her eyes back to her plate.

"Katie, I thought I told you to put that down." Ben stood behind her, taking the plate from her hand and reaching around her to turn off the water.

"You made dinner for me," she said quietly. "The very least I can do is help you with the dishes." He placed the dish in the dishwasher.

"You cannot get your hand wet."

"I won't get it wet." She grabbed a wine glass from the countertop and turned on the water.

"Katie, stop." He turned off the water and took the glass away from her. "You don't have to do this." As he returned the glass to the countertop, his free hand settled on her hip, turning her to face him. "Katie-"

"Let me do something to help!" she yelled, looking up at him. "You've made me dinner; you've wrapped my hand. _Twice_."

"That's because you can't wrap that hand worth a shit," he mumbled.

"Why can't I do something nice for you?" she asked angrily, ignoring his comment. He took a moment to respond, surprised by her tone of voice.

"You can," he said slowly. "But does it have to be something that might hurt your hand?" She placed her left hand on his chest and pushed him back a step.

"I won't hurt my hand." He sighed and moved to the end of the counter, letting her finish the dishes. He leaned against the countertop, crossing his arms over his chest. His eyes rested on Kate briefly before settling on the floor. "There," she said after a moment. "I'm done." Kate closed the door to the dishwasher and turned to look at Ben.

"The whole thing with Justin," he said quietly, his eyes still on the floor. "I was bringing you the coffee…to apologize. I didn't mean to run into you."

"You were going to apologize with coffee?"

"Do everything and say nothing, right?" he smiled lightly.

"Yeah," she agreed quietly. Ben dug a hand into his pants pocket, retrieving her phone. Without moving his eyes from their downward position, he held his hand out towards her. Hesitantly, Kate took a step towards him, reaching for the phone. He drew his hand back a bit as her fingers neared his. Frowning, she tried again. Again, he drew back. "What are you doing?" she asked, taking the final step between them. Ben turned quickly, forcing her back against the countertop.

"Why do I scare you?" he asked quietly.

"Because you jumped at me!"

"That's not what I mean and you know it." He slipped the phone back into his pocket and adjusted his stance. Bending slightly to level their eyes, he leaned his hands on the countertop to either side of her hips. "You like it when we're close, Katie," he said. "You like it when I touch you." Ben trailed a finger along her jaw, lifting her chin slightly as her eyes fluttered closed. "And you like it when I kiss you," he whispered against her lips. "But I scare you."

"No."

"Take now, for example." He brushed his lips against hers again.

"You jumped at me," she reminded him.

"Tell me I'm wrong, Katie. Tell me you don't like this." She shook her head, unable to form an articulate answer. "I'm not wrong," he answered for her. "Why do I scare you?"

"You…y-you don't…scare me," she stammered. Ben brushed his lips against her mouth again, teasing her lips apart but not completing the action.

"Then kiss me," he breathed.

"What?"

"Make the choice." He pulled the phone from his pocket, holding it between them. "Whatever you want, Katie. Kiss me or run. _You_ decide." Kate eyed Ben carefully, warring with the choices he put on the table. "Or is the second verse the same as the first?" She frowned in anger and grabbed the phone from his hand. Moving quickly to the living room, she pulled her bag from the floor and left the apartment.

**!#$%**

*** "Hi," Kate smiled gently, eyes settling on Ben's form.

"Hey there." She stepped aside, allowing him entry into her apartment.

"Were you headed out for a run?" she asked, taking in his red Nike windbreaker.

"I was," he answered as she closed the door. "I don't mind a little bit of rain, but I'm not a fan of running in a downpour." He smiled and spread his arms to his sides. "So now that I have some free time, how about breakfast?"

"Ooh, that sounds lovely."

"You sound lovely," he smirked. Ben wrapped his fingers gently around her wrists. "You look lovely, too." Kate dropped her eyes to her white bathrobe.

"In this old thing?" she laughed. "Whatever."

"You look nice in everything you wear," he said, stepping into her. He lifted a hand to the back of her neck, as he pressed her into the door. "I want to kiss you, Katie," he whispered against her mouth. "Let me kiss you."

"I-I don't know if I should," she admitted quietly.

"Do you _want_ me to?" He brushed his lips across hers, teasing her mouth open. She closed her eyes and sighed contently as his mouth grazed her cheek then changed direction to travel down her neck. He pushed the robe off her shoulder, exposing the skin along her collarbone. "Do you want me to kiss you?" he asked again, bringing his mouth back to hers.

"Yes," she whined.

"Open the door, Katie." She opened her eyes, silently questioning his request. She heard a knock at the door, feeling the vibration against her back. "Open the door."

"N-no," she stuttered. Ben tightened his fingers in her hair, roughly pulling her mouth to his. He walked backwards, Kate still secure in his hold, to the couch. Releasing her lips, his hand floated along her arm to her side, following the curve of her body. As he sat on the couch, he hooked the hand behind her knee, pulling her down onto his lap.

"Open the door, Kate," he said, forcibly claiming her mouth again. The knocking at the door grew louder and Ben tightened his hands around Kate's waist. He abruptly pushed her back, his expression angry. "Wake up and open the door, Kate," he bit.

"W-what…I-I…" He stood, letting her fall to the floor.

"Open the door!"***

Kate's eyes snapped open and she pushed herself into a sitting position on the couch. Another round of incessant knocking pulled her into consciousness and she stood, fumbling through her first few steps. She opened the door, greeting her guest with an angry glare.

"You were so quick to take back your damned phone," Ben spat. "How about answering the fucking thing."

"What are you talking about?"

"Justin and Leo have been trying to get a hold of you," he explained, pushing his way into her apartment. "I've been calling and knocking for ten minutes." He turned towards her, gesturing at her pajamas. "Get dressed," he ordered.

"Why? What's going on?"

"The fire department is at Lauren's." Kate mouthed a silent 'oh'.

"Give me two minutes," she said, running into the bedroom.

**!#$%**

"Well," Lauren sighed, leaning against the passenger door of Justin's car. "This is one hell of a thing to come home to, isn't it?"

"Hey, I'm just glad you arrived _after_ the fire started." He turned to look at her. Though nearly a block away from her home, the flames burned bright enough clearly light the area. He caught their reflection in the tears building in her eyes.

"It's all gone, isn't it?" she asked, staring at the burning building. "Everything that belonged to Teddy. Oh," she cried. "Our wedding pictures." She turned away, wiping the tears from her cheeks. Justin placed his hands on her shoulders, wanting but not knowing how to be comforting. "I, uh, I found a box of Teddy's things. There was a photo album." Lauren shook her head and turned to him. "Pictures of Kate's childhood, pictures of her mother. I-I told her I would give it to her when I…" She gestured towards her house and offered an empty laugh. "Came home."

"Lauren, this wasn't your fault. Kate will understand." He shifted her eyes over her shoulder to a set of headlights approaching. He cringed inwardly as the Aston Martin pulled to the curb in front of his car, Kate exiting the passenger side.

"Lauren!" Kate skipped between the vehicles, arms spread as she neared the blonde woman. "Are you all right? Were you in there?"

"I'm fine," she answered, allowing and returning Kate's embrace. "And, no, I wasn't in there. The fire started before I came home." The two turned to look at the house, Kate keeping her arm around Lauren. "Your photo album... Kate, I'm so sorry."

"Oh, Lauren, no. You didn't do this." Kate leaned her temple against the side of Lauren's head. "You're safe, that's all that matters." Justin stepped past them, making his way to Ben's side. He stared over the top of the silver car, keeping his back towards the women.

"What did you find out?" Ben asked quietly.

"Judge Mason and his wife are being treated for smoke inhalation, but are otherwise all right. Davidson will call when he hears more." Justin crossed his arms in front of his chest and absently kicked a rock on the road. "He says the trial is postponed, pending an investigation." He lifted his eyes. "Does Kate know?"

"No," he answered, shoving his hands into his pants pockets. "I figured she would have enough to worry about with _this_ fire." Justin nodded. "What about Lauren?"

"I'm going to take her to the police station to file a report. I'll fill her in on the way." Justin looked over his shoulder.

"So if it turns out that this is _not_ some crazy cosmic coincidence, why Lauren's place?" Justin shook his head.

"Maybe it's a warning," he offered. "It's probably not safe to go home. Or for all of us to be in one place."

"No," he agreed.

"Get Kate out of here. Let me know where you're staying." Ben nodded. "I'll let you know where Lauren and I end up." He moved to Lauren's side, gently taking her elbow. "We should go talk to the police."

"Yeah," she nodded. "Yeah." She took a few steps towards Justin's car.

"I'm coming, too," Kate added.

"No, Kate," Justin said gently, turning to face her. "You need to go with Ben." Kate felt Ben's fingers close around her wrist and she rudely pulled her hand away.

"No. I don't want to go with Ben," she stated. "I," she smiled, "want to go with you and Lauren." He sighed and looked at Lauren, his eyes pleading for assistance.

"Uh, Kate?" She motioned Kate to join her. "I'll be all right," she said quietly.

"Lauren, you shouldn't be alone." She watched Kate purse her lips as the mediator began to take over. "Why don't I go with you and when you're done, Justin can drop us off at my place." Kate smiled sweetly. "You can spend the night with me."

"Kate, thank you," Lauren said, returning the smile. "But, Justin's right; you should go with Ben. There really isn't anything you can do right now." Kate opened her mouth to argue, but Lauren quickly continued. "Justin can take me to your place when we're done. Right?" He nodded. She took a step closer to Kate. "I'm going to need someone to talk to, you know, later, when this all…catches up to me." Kate nodded.

"Right, of course," she agreed. "You're right."

"I'll call you when we're on our way over."

"Okay. I'll wait for your call." Lauren wrapped her arms around Kate's shoulders before moving to Justin's car. Kate stood silently in the middle of the road watching as they drove away.

"Katie, we need to get going."

"I'm not going anywhere with you." She walked away, pulling her phone from her pocket. "I'll cab it."

"Katie, stop." He roughly took her elbow, stopping her movement towards the sidewalk. "You need to come with me. If I have to drag you kicking and screaming to the car, I will." She studied him carefully, noting the seriousness behind his eyes. She sighed and reluctantly followed him to the car.

**!#$%**

"Right…Okay." Ben switched the phone to his left hand, using his right to hang his suit in the open closet space. "Yeah, she knows," he answered. "I will. Thanks, Justin." He ended the call and moved to the bed, setting his phone on next to the lamp on the nightstand. He looked to the far end of the small room, silently watching Kate as she stood in front of the window, watching the lightening from the approaching storm. Her back was to him, her arms crossed in front of her chest. "Are you going to stare out the window all night?" he asked. Without turning to him, she shrugged her shoulders. "Whatever you want, Katie, but I'm tired so I'm going to sleep now." He turned off the lamp, removing all light from the room, and slipped under the covers. He settled on his back, folding his hands behind his head, watching for several minutes as the lightening silhouetted Kate's form.

"You lied to me," she said quietly. He sighed.

"I didn't lie to you."

"You didn't tell me about the fire at Judge Mason's house."

"That's not lying."

"It's lying by omission," she said, turning towards him.

"Lying by omission," he repeated with a frown. "Is that even a thing?" Kate released an exasperated sigh and turned back to the window. "I didn't want to worry you more than you already were over Lauren. I didn't have any information about the fire at Judge Mason's house, Kate. I still don't. We don't know if they're related to each other or to our case."

"Yeah," she scoffed. "Yet here we are, sharing a one-bed hotel room." She turned to him again. "Hiding out."

"It's just a precaution until we know what's going on," he explained. "It was Justin's idea. I happen to think it was a good one."

"Since when are you and Justin on the same page about anything?" Ben rolled to his side, loudly patting the empty mattress space next to him.

"Katie, come to bed," he beckoned softly, seriousness overwhelming any teasing he may have played under different circumstances.

"No."

"Whatever you want, Katie," he sighed. "Good night." He returned to his back, resting his hands across his stomach.

"Will you stop saying that?"

"Stop saying what?" he asked.

"'Whatever you want'," she mocked.

"Okay," he said slowly. "Whatever _I _want?"

"Ben," she complained.

"What? The ball is in your court, Katie. Whatever…_you…_want."

"Do you know what I want, Ben?" she started, approaching the bed. "I want you to go away."

"Well, as much as I love to do your bidding, that's not going to happen right now." After a silent moment, he felt the mattress dip as Kate sat on its edge.

"I don't want to do this," she whispered.

"Then don't. Go back to staring out the window."

"Not that." She moved to his side, kneeling in the middle of the mattress. "Sit up," she said.

"Going to sleep here, remember?"

"Ben, sit up." He did as told, putting them face to face in the darkness. Kate took a deep breath, but remained quiet.

"Are you going to say something or are you sending your thoughts telepathically?"

"I cannot stay in this room with you-"

"You're free to leave, Kate. You're not my prisoner."

"Will you shut up and let me finish talking, please? I can't stay in this room with you if we're going to fight. I-"

"We're not going to fight because _I'm_ going to sleep." He grabbed the edge of the blanket as he shifted to lay down again.

"Stop it!" she yelled, pulling the blanket from his hands. "You are such a prick!" Kate reached into the darkness, her hands finding Ben's shoulders. She leaned into him, pressing her lips against his.


	6. Chapter 6

**a/n: **Holy crap. Did anyone else blink and completely miss the month of June? Thank you for all who have waited for this chapter, patiently or otherwise : ) Thank you to Desina for proofing, keeping me on track when I couldn't spit out the words and when I tried to connect A and C by going through Q, W and F. And sometimes Y.

**What A Lovely Way to Burn**

**Chapter Six**

"I cannot stay in this room with you-"

"You're free to leave, Kate. You're not my prisoner."

"Will you shut up and let me finish talking, please? I can't stay in this room with you if we're going to fight. I-"

"We're not going to fight because _I'm_ going to sleep." He grabbed the edge of the blanket as he shifted to lay down again.

"Stop it!" she yelled, pulling the blanket from his hands. "You are such a prick!" Kate reached into the darkness, her hand finding Ben's shoulders. She leaned into him, pressing her lips against his. He shifted his right arm behind his back, planting his hand against the mattress for support against her sudden movement. Reflexively, he reached across his body, wrapping his left arm around her waist. Ben's eyes fluttered closed as the realization of her actions washed over him. She kissed him slowly, carefully, expertly pressing her body against his. He tried to return the kiss with a reserved interest, wanting to encourage continuance without appearing too willing to give in to her. The gentle pressure of Kate's mouth, however, was causing his body to get the better of him. With a soft sigh, Ben sat straight, guiding her back into her kneeling position. He moved his hand from her waist to her hair, roughly winding his fingers in the brown locks and tugging until their mouths separated.

"Katie," he whispered, unable to hide his satisfied bemusement. "What are you doing?"

"After dinner, you asked me to kiss you," she answered quietly. "So I'm kissing you." She leaned into him again and he allowed her movement until he felt her lips brush against his. Ben pulled her hair again, preventing her from completing the connection. Kate placed one hand on the mattress, the other on his thigh, in an attempt to steady her balance.

"Don't do this because I told you to do it."

"I'm not," she tried to assure him. "I want to. I wanted to after dinner."

"Why didn't you?"

"You were mean and you pissed me off. Second verse same as the first," she whispered. "Ben, you were right. I _was_ a bitch." She shifted against the sheet, inching closer to him. "I-I shouldn't have slapped you. I should not have said those things to you. Either time."

"Katie," he said softly.

"You're not empty, Ben. I am _so_ sorry." Kate's edging placed her close enough to Ben to negate the hold he had on her hair. She leaned forward, kissing him with a passion he had always believed her to possess. This time, he did not stop her. He sighed against her mouth, allowing the intensity to consume him before she pulled away.

"Okay," he whispered, licking his lips. "Apology accepted." Kate slid her fingers upwards along his white cotton t-shirt and into his hair, drawing him in for another kiss. She shifted her position, leaning her forearms against his chest to push him onto his back. Ben's fingers uncurled, cupping the back of her head to keep their mouths connected as they laid down. His hand moved from the mattress to the back of her thigh, encouraging her legs to part and settle on either side of his hips. Ignoring the buzz of his phone, Ben flipped Kate onto her back and, mindful of her injured hand, pinned her wrists to the mattress. A second buzz sounded from his phone, then one from hers. He sighed gently and rolled to his side.

"Ben?"

"It might be important," he said quietly.

"Yeah," she agreed reluctantly. They moved to separate sides of the bed, Ben grabbing his phone from the nightstand, Kate rising to grab hers from the small table near the window. Ben frowned as he read the two text messages he had received.

"Justin's here." Kate nervously covered her mouth with a hand, taking a deep breath as she read the same message on her phone. "We should probably let him in. He might have some news." She turned towards Ben, his back still to her.

"Yeah, maybe." Dropping her phone onto the pillow, she knelt on the bed and crawled to his side. "Ben."

"Don't," he warned lightly. "Just answer the door. I'm not in any condition to greet a visitor, Katie." He pulled her mouth to his, quickly but firmly kissing her. "Go." Ben moved under the covers as Kate made her way to the small bathroom. She turned on the light, bathing the entry area in a soft glow. She quickly glanced in Ben's direction and, when she was certain he was properly covered, opened the door.

"Kate," Justin greeted with a soft smile. "I was starting to get worried. What took you so long to answer the door?" She crossed her arms in front of her chest and stared at him. "What?"

"I'm angry with you," she stated.

"Angry? Why?"

"You lied to me. All of you. You lied to me about the fire."

"Kate, I-"

"Shh! Keep your voice down." She motioned towards the bed. "Ben's sleeping." Justin shook his head as he peered into the darkened room.

"One bed?" he asked, turning back towards Kate. "Nice."

"There weren't any other rooms available," she shrugged. "Why are you here? Did you find out anything new?"

"No. I just…I just wanted to see how you were doing." Kate tipped her head to the side.

"You could have just called." Her eyes widened slightly. "Where's Lauren? You didn't leave her alone, did you?"

"No, Leo's with her. She's a little shaken still, but she's all right. I didn't call because I wanted to _see_ you." He frowned and lifted a hand to brush her hair over her shoulder. "You look rather…disheveled."

"Um, I was having trouble sleeping," she lied, carefully running her hand through her tangled hair. "You know, tossing and turning and all."

"What's that?"

"What?"

"On your hand?" Justin stepped into the room, gently taking her wrist. He turned their bodies, facing the light from the bathroom to examine the wrap around her hand. "What did you do?"

"Oh, I, uh, I-I cut my hand."

"On what?"

"On a broken coffee mug. Why?" She pulled her hand away. "Why does it matter?"

"Why does it matter? Kate, I'm allowed to be concerned when you've hurt yourself." She raised her eyebrows. "Kate," he scolded with a slight shake of his head. "I still care about you. I still _love_ you." Justin sighed and looked towards Ben. "Look, can we step out into the hallway and talk? So we don't wake your partner?" Kate shook her head.

"Justin, I'm fine. Ben is fine. You a-and Lauren and Leo are fine. You should go." She looked away. "You should just go."

"Kate."

"Justin." She lifted her eyes, meeting his. "Please." He closed the remaining space between their bodies, cupping her cheek with his hand.

"Why don't you believe me when I say I love you?" he whispered. She stared at him.

"You are unbelievable. Is _this_ why you came over?" she asked incredulously. "I don't want to do this right now, Justin." Kate placed her hand on his arm, pushing him a step to the side, closer to the door.

"No, I'm not finished with this conversation," he said, shrugging away her hand. She sighed.

"Now is not the time for this."

"We can't keep going around in circles, Kate. We need to talk about it."

"We have talked about it. But you don't seem to want to listen to what I have to say."

"Really? I don't listen? Maybe the problem is you."

"Me?"

"Yes, you. You can't decide from one day to the next what it is you want, Kate. First, you want the divorce, then you want to move in with me. And in the middle of apartment hunting, you decide you don't want us to be together anymore."

"Justin-" He turned to look towards the bed as Ben shifted.

"Look, can we please just go out into the hallway. I don't want to have this talk in front of Ben."

"We are not having this talk, in front of Ben or not." She again pushed him towards the door.

"Fine, we'll talk tomorrow, when we can be alone," he testily conceded. As he cleared the doorway, he turned on his heel, taking Kate by the shoulders. He leaned forward, gently pressing his lips to hers. She froze as their mouths made contact. "Call me if you need _anything_. I'll see you in the morning. Make sure this is locked." Justin closed the door behind him. Taking a deep breath, Kate locked the door.

"Aw, he still loves you," Ben muttered sarcastically. "Smooch to prove it."

"Please don't start."

"I'm going to sleep. You should, too. Tomorrow's going to be a long day." She turned off the bathroom light and moved to the window. Ben sighed loudly and sat up. "You do know that I'm not going to be able to sleep until you're actually _in_ the bed."

"That sounds like a 'you' problem," she stated, gaze steady on the flashes of lightening. He tossed the blankets from his legs and moved to stand behind her.

"The bed is over here." He rested one arm over her shoulders and scooped the other behind her knees, lifting her from the floor.

"Ben!" she screamed. "Put me down!"

"Whatever you want, Katie," he said, dumping her on the bed. He moved to the other side, reclaiming his place on the mattress. "One more thing," he started, turning to face her. He pushed her down onto the pillow, laying partially over her as he roughly kissed her. Surprised by his sudden attack, she tightly gripped his shoulders as his tongue invaded her mouth. Though the kiss ended as quickly as it had started, Kate had relaxed into it, following Ben's mouth with her own as he pulled away. "If you're going to share a bed with me, you will not have the taste of _any_ other man on your lips."

**!#$%**

"So the three of you will be off the case."

"What? Aaron, y-you can't do that!" Kate protested, dropping an armful of file folders on the glass table.

"I can," Davidson nodded. "And I did." She opened her mouth to argue but he cut her off with a wave of his hand and a brash smile. "You're not needed anymore anyway," he shrugged. "Now that Judge Mason is no longer hearing the case." Kate frowned and wiped her arm across the glass table, sending the folders to the floor. She quickly turned on her heel and left the conference room.

"Classy, Davidson," Justin scolded. "You didn't have to do that."

"Oh, I'm sorry. Did you want Kate in the room when Mr. Grogan joins us?" He smiled slowly but confidently as Justin clenched his jaw. "I didn't think so." He gently pulled on the knees of his trousers as he knelt to the floor. "How about giving your boss a hand?"

"Whoa. What happened here?" Ben asked as he entered the conference room.

"Your partner had a tantrum," Davidson answered. Ben flicked his eyes to Justin.

"It wasn't my fault." Justin cleared his throat and continued as he knelt to collect the papers. "We've been taken off the case and Kate's pissed."

"We're off the case?"

"Yes," Davidson answered from the floor. "As I explained to Justin and to your dearest Kate, it's for your safety."

"So the fire at Lauren's _was_ a warning?"

"It appears that way." Davidson stood and placed the files on the table. "Of course, it's too early to call it one way or another. But, I think it's a bit too much of a coincidence and so does the fire chief and the arson investigator." Ben caught Justin's attention as he stood, the ADA's expression confirming Ben's suspicions.

"You're going to take over, aren't you?" Davidson spread his arms, motioning towards the chairs to his sides and smiled.

"Have a seat, gentlemen. Tell me all you know."

**!#$%**

"Kate," Lauren greeted as the brunette entered her office. "Hi."

"Hi. Davidson took us off the case," she said, sitting heavily on the sofa.

"Yeah. I'm sorry." Lauren watched carefully as a small frown flitted across Kate's forehead while she played with the cuff of her shirt. She knew the look of dejection on Kate's face had nothing to do with the Jefferson case; a case Kate had been initially reluctant to work. She pushed her chair away from the desk and walked towards the couch. "Look, Kate," she started, smoothing the back of her skirt as she sat to Kate's right. "I know that you and I…we're not…well…" She took a deep breath and squarely faced Kate. "We're not the kind of friends that are going to go shoe shopping together." Kate offered a small, forced smile, but did not lift her eyes from her clothing. "But, if you need to…talk…or, you know, whatever…I'm here."

"Oh, Lauren," Kate said softly. "What I need seems…not very important right now." She shook her head and looked at Lauren. "There are other things that more important than what I need."

"Such as?"

"You," Kate started, shifting her position on the sofa. "The…the fire, Lauren. That's more important. You lost everything. You need a place to stay a-and clothes." Lauren laughed lightly.

"Yes, well, you know how much I hate shopping for clothes. Picking out a whole new wardrobe is going to be excruciating." Kate laughed.

"You know what I mean, Lauren."

"I know, but I'll be all right. The insurance will cover what I need to replace."

"What about the house?"

"I have some time to decide if I want to rebuild or just move," she shrugged. "Until then, I'm going to stay with Robin. You know, he offered rooms at the Royal Archer for you and Ben and Justin until this is over."

"Oh," Kate said, sinking back into the cushions. "That's…that's nice of him."

"You could show a little more enthusiasm, Kate," Lauren chided jokingly. "A nice room at the Royal Archer, free of charge…"

"Oh, no. It's really…It would be like a mini vacation. I just don't think it would be a good idea for the three of us to be anywhere near each other long term." She motioned past Lauren to the conference room. "Being here with them during the day is bad enough." Lauren raised an eyebrow. "It's complicated," she said, answering the unspoken question.

"Complicated or Kate complicated?"

"Kate complicated," she admitted. "I was scared and I…I screwed up. I've seen how messy divorces can be and I didn't want any part of that. But, that seems to be exactly what I have."

"It's almost noon," Lauren started. "Why don't we go somewhere for lunch and talk?"

"Wh-Really?"

"Yeah. I am not going to pretend to understand what you went through when you found out about Justin's affair. But, I remember all those nights you cried yourself to sleep, Kate. Don't look so surprised," she said, trying to sound comforting. "It might have been a big place, but it _was_ just you and me." She gently placed a hand on Kate's arm. "Did you have _anyone_ to talk to when that happened?"

"Leo," she offered.

"I love Leo," Lauren said. "But talking to a guy about this kind of thing…It's just doesn't work." Kate shook her head. "Come on." Lauren stood. "After you tell me what's going on with the three of you, you can tell me what's going on between you and Ben." Kate watched as Lauren moved to her desk.

"Ben?" she asked as she stood.

"Yes, Ben." Lauren pulled her purse from the bottom desk drawer and smiled. "And don't say 'nothing'. I'm a woman," she explained. "I know the 'I'm-hiding-juicy-details' look when I see it."

"We aren't the kind of friends that will go shoe shopping but we're the kind of friends that will share juicy details? Not that there are any," she added quickly.

"Would you rather discuss it with Leo?"

"Discuss what with Leo?" Lauren and Kate turned to the doorway, Lauren smiling widely as Leo made his way into the room.

"Oh, nothing," Lauren answered. "We are going to lunch, Leo."

"You _and _Kate? Together?"

"Yes."

"Are you working a case?"

"No, we are just going to lunch."

"Hmm. Ben and Justin might not like that," he smiled cheekily. "Whatever will they do without the women they want to protect?"

"Well, I am still the boss," Lauren replied. "So they will have to deal with it. Come on, Kate. Let's go." Lauren walked past Leo and through the doorway.

"What's going on?" Leo whispered.

"I don't know," Kate whispered in reply. "I'm worried that I'm not as scared as I think I should be."

**!#$%**

"Leo," Ben greeted cheerfully, taking the short flight of stairs two at a time. He stopped at the top step, pointing towards Kate's office. "Is Kate…in there?"

"She is not," Leo answered, moving his eyes from the computer screen to look at Ben.

"Is she still out with Lauren?"

"She is not," he repeated. Ben rolled his eyes and continued towards his office.

"Are you going to be like this for the rest of the day?"

"I am," Leo smiled smugly.

"Wasn't this morning enough?"

"It was not."

"Wonderful," Ben deadpanned. He opened the office door, taking only a single step into the room. His eyes immediately found Kate sitting in the chair behind his desk; her legs crossed at the ankles, her calves and heels resting on the top of his desk. He took a step backwards and pierced Leo with an irritated look. "You couldn't have told me she was in my office?"

"No, I could not."

"Why?" Leo shrugged.

"You didn't ask."

"Of course." Stepping back into the room, Ben carefully placed his briefcase on the floor, tucking it against the wall. With a cautious eye focused on Kate as she steadily stared back at him, he closed the door and hung his coat on the rack. Moving to the guest chair, he rested his hands over the back and tilted his head slightly as he regarded her.

"Giving me the silent treatment today?" she asked flatly.

"'Hello, Ben. How had your day been so far? How was your meeting with Davidson?' Oh, you know, boring as usual. Blah blah this and blah blah that. 'I'm DA Davidson and I think I control everything.'"

"Very funny. Why have you been ignoring me?"

"I wasn't ignoring you. I've been busy. You know, blah-blahing with Justin and Davidson," he said, rolling his wrist.

"Have you spoken to me at all today?"

"Sure. When I woke you up this morning."

"Oh, you mean when you jumped on the bed and scared the hell out of me?" Ben stifled a smile and crossed his arms in front of his chest.

"And when I told you the shower was all yours." Kate nodded.

"You mean when you said that if I didn't hurry up and get my 'cute little ass' in the shower you were going to leave my 'cute little ass' at the hotel." He nodded. "The jerk just comes off of you in waves, doesn't it?"

"What's got your underwear all in a bundle?" She dropped her feet to the floor and leaned her arms on the desk.

"You're ignoring me."

"You and Justin and I seem to have a problem carrying on a conversation without fighting. And, since I was _forced_ to spend most of my morning talking to Justin, I avoided the conflict by ignoring you. A conflict, might I remind you, that _you _did not want to happen. Happy now?"

"Yes, Benedict. So happy," she sneered. "I just…I wanted to talk to you."

"Well, you'll have to wait until later. I have things to do." Kate huffed and stood.

"Ben, I want to talk about last night."

"Last night?" He raised a hand to his face, rubbing a thoughtful finger across his chin. "Aren't you supposed to wait three days before calling a guy you spent the night with?"

"Really? Very mature." He watched as she walked around the desk, brushing behind him as she headed towards the door. He reached towards her, wrapping his fingers around her arm.

"Make no mistake, Katie. I enjoyed every bit of what happened last night," he said, pulling her back to him. "Until Justin showed up. Having the woman I'm kissing interrupt our little to-do to kiss another man…" He tsked and shook his head. "That's a little bit of a turn off. And definitely not something I want to think about, let alone talk about."

"I didn't interrupt our little to-do to kiss Justin," she argued. Kate shifted her eyes to the side, uncomfortable under Ben's scrutiny as he walked her backwards.

"I've made it very clear that I want you. And I'm taking last night's brief but intense display from you as proof that you want me. But don't make me beg for you. I won't do it."

"What do you mean by that?"

"I won't do this with you until you do something about Justin."

"I'm trying." Kate took a deep breath as her back hit the door.

"Try harder." He leaned into her, his lips close to hers. "You can't kiss both of us, Katie."

"I didn't know Justin was going to kiss me," she argued.

"You didn't do anything to stop it though, did you?"

"What was I supposed to do?" she yelled, pushing him back a step.

"I don't know! Why don't you tell him that you're not together anymore and he has no business kissing you without your permission?" He took a step towards her. "Why don't you tell Justin that you weren't disheveled from tossing and turning?" He closed the space between them, again forcing her against the door, and lowered his voice. "Why don't you tell him that you were ready to let me fuck you?"

"Kate?" She held Ben's gaze as Justin's voice floated into the room from the second doorway.

"Why don't you tell him _that_?" Ben whispered with a cocky smile. He pushed her aside and left the office, loudly closing the door behind him.

"Kate, is…is that true?"

"Justin, listen-"

"No, answer me." He moved to the middle of the room. "Is that true? Were the two of you?"

"Yeah," she answered softly. Justin closed the door.

"Is this what you want?" he asked quietly, turning back to Kate. "Do you really want to be with him?"

"I don't…I don't know," she sighed. "Justin, you and I need to talk. No, _I_ need to talk. _You_ need to listen."

"Kate."

"I said listen." She paced a small area in front of Ben's desk before turning back to Justin. "This is the last time we are going to have this talk. The last time," she said, punctuating each word with a poke to his arm. "We are divorced. I want us to be…friendly-"

"So do I."

"But we cannot have _that_ if we keep doing _this_." She took a deep breath and continued. "You slept with another woman while we were married. I understand that things were not the best between us at that point in time. We…we both are to blame for what happened. And because of that, I-I can forgive you for the affair. I wanted to work things out, Justin. I really did. But when we talked about moving in together again, when we started looking at places…I realized something. I realized that we've changed. We've changed and that means that there's nothing to work out."

"Kate, that's not true."

"Yes, it is, Justin. We can't have what we used to have. It isn't fair of either of us to expect the other to carry on a relationship pretending that nothing has happened."

"No, it's not," he agreed. "What about Ben?"

"What about him?" Kate sighed and shook her head. "I don't know about Ben. I just…I don't know. But it doesn't matter. This," she started, waving her hands between them. "This happened before Ben was even a part of Reed and Reed."

"Yeah, but you kissed him, Kate. A-and then you agreed to move in with me, pulled back on that decision and then moved in next to him. How do you think that looks to me? I feel like he's come between what we are trying to rebuild."

"We're not rebuilding anything, Justin. And Ben has nothing to do with that."

"I, uh…I-I have to go," he said, shaking his head. "I'll…I'll talk to you later."


	7. Chapter 7

**a/n:** I swear I have been abducted by aliens because I have lost an awful lot of time this summer…

**What A Lovely Way to Burn**

**Chapter Seven**

"How much longer are you going to stare at that file?" Leo asked from the doorway of Kate's office.

"I don't know," she answered, looking towards him. "How long has it been?" He tipped his head as he uncrossed his arms from in front of his chest.

"Not that long," he answered, pulling the cuff of his sleeve away from his wrist, revealing a patch of bare skin. "Only an hour and a half."

"You don't have a watch," she stated with a frown.

"I do not." She balled a blank piece of paper and threw it at Leo.

"Stop that," she ordered. "Has it really been that long?" He nodded. "Ugh." Kate sighed and dropped her head onto the desk. "I can't concentrate on anything," she mumbled against the papers.

"Well, that's a sign that it's time to go home." She lifted her head. "Home to the hotel, I mean."

"Yeah, I'm not going back to the hotel. I'm going back to my place."

"Why?"

"I don't want to be around Ben."

"Ben's not there," Leo shrugged.

"He's not…he's not there?" she asked, her eyes widening slightly with surprise.

"Nope."

"Oh, well…I suppose he…" Kate rolled her hands, motioning as she tried to dispel the oncoming, unwelcomed disappointment. "I mean Robin _did_ offer us rooms at the Royal Archer. And they are nice rooms." Leo watched as her eyes dropped to the desk.

"They _are_ nice rooms," he agreed.

"And Ben does like nice things," she commented absently.

"Come on. I'm not sure your place is safe yet. I'll take you to your not-the-Royal-Archer hotel." He moved through the office, pulling Kate's coat from the arm of the sofa. She stood, settling the strap of her purse over her shoulder.

"He's really not at the hotel? My hotel?" she asked as they met at the doorway. Leo pursed his lips, hiding his amusement at a gentle sadness settled in her voice.

"He is really not at your hotel." He took Kate's arm and led her down the stairs and through the reception area. "You know, I have a better idea."

"A better idea?"

"Yes. Instead of me taking you to the hotel…" He paused in the middle of his sentence as he opened the glass doors. "How about Ben takes you?" Kate looked past Leo's shoulder, her eyes catching Ben's smug smile.

"What is _he_ doing here? I-I thought…you said," she stammered. "Ugh!" She poked a finger in Leo's chest. "You said Ben was at the Royal Archer!"

"No, I said Ben was not at the hotel, _your_ hotel. Which he is not." Leo moved a hand in Ben's direction. "He is here."

"But you said…" Her shoulders slumped.

"There you go."

"Oh." Leo nodded.

"I just agreed that the rooms at the Royal Archer were indeed nice rooms." He handed Kate her coat and smiled. "Have a wonderful weekend, Kate. I'll see you Monday morning." He waved a quick 'good-bye' to Ben and headed back to his desk. Ben pushed the call button for the elevator, smiling as the soft ding sounded and the doors brushed open.

"Your chariot awaits, my lady."

"I'll wait for the next one, thank you." She crossed her arms defiantly and stared at the counter above the elevator doors.

"Suit yourself," he shrugged. Ben stepped into the car and Kate rolled her eyes as the doors closed between them.

"Ass," she mumbled. When the counter showed the elevator had reached the first floor, she moved forward and hit the call button. The motor immediately issued a quiet hum and she waited for the car, gently drumming her fingers on her arms.

_ "And then you decided not to move in with Justin," Lauren supplied, lifting her coffee cup to her mouth. Kate nodded. "And happened to move in next to Ben."_

_ "I mean, I can see why Justin thinks what he does, but it just didn't happen that way." Kate sighed. "And we just keep fighting about it. Over and over and over."_

_ "It's going to take some time for Justin to work through this. The divorce wasn't easy on him, either. Not that I'm justifying the way he argues with you," she quickly added._

_ "I know." She poked a fork at her piece of carrot cake. "It's just…bad timing I guess." Lauren replaced the cup on its saucer and leaned her elbows on the table._

_ "So, now that I know what has been happening between you and Justin," she started, quietly clearing her throat. "What…__**did**__ happen with you and Ben?"_

_ "N-nothing," Kate answered, adamantly shaking her head. "Nothing."_

_ "No, no," Lauren smiled. "Not 'nothing'." She narrowed her eyes thoughtfully. "A big something or a little something?" she pondered. "Oh my god! Did you kiss him? Did you kiss Ben?"_

_ "Lauren!" Kate hissed. "Quiet down. I did not…" She crossed her arms on the table and leaned in. "I did __**not**__ kiss Ben," she said quietly. Lauren lifted an eyebrow and Kate looked away. "He kissed me."_

_ "I knew it!"_

_ "What?"_

_ "Oh, Kate, if you could see the two of you," Lauren laughed lightly. "There is definitely something in the air," she said, delicately twirling a finger._

"Something in the air," Kate mumbled. "Whatever." The chime sounded and the elevator doors opened to an empty car. Taking a deep breath, Kate walked inside and turned to press the button for the first floor. "Ben!" she screamed.

"Hello, Katie," he smiled. He pushed himself off the wall, exposing the control panel. "Going down?" he smirked.

"I'm going back to my office," she replied angrily.

"No, no," he said, positioning himself between Kate and the doorway. He placed his hands on her forearms and walked her to the back of the elevator. "We are going to the hotel, _together_. _You_ are going to take a nice, long, hot, relaxing shower. And _we_ are going to forget about all of the shit that's been going on. At least for a couple of days," he shrugged.

**!#$%**

"You are going to take a relaxing shower," Kate mocked as she stared angrily into the fog-covered mirror over the bathroom sink. "A nice, long, hot shower," she huffed. Reaching to her left, she roughly pulled a dry bath towel from the towel bar on the wall. "Whatever."

_"Has this happened more than once?" Lauren asked. Kate grabbed her fork and stabbed a healthy bite of carrot cake._

_ "Maybe a…maybe a couple of times," she said quickly._

_ "And?"_

_ "And what?" she asked, her mouth full._

_ "I can't believe I'm asking this," Lauren said, gently shaking her head. "How was it?"_

Kate tipped her head to the left, letting her hair fall in front of her shoulder. Lifting the towel, she gently squeezed the water from her thick, brown locks. "It was everything it should not have been."

_"__**I**__ can't believe you're asking that, either."_

_ "So are the two of you a…a thing? Or is this just a little fun on the side?" Lauren asked with a slightly embarrassed laugh._

_ "Lauren," Kate sighed, shaking her head._

_ "We're here to do the whole girl-talk thing, Kate," she smiled. "So, talk."_

After pressing a few more fists-full of hair, she tossed the towel onto the vanity, knocking over a small stack of paper cups. She watched as two of the flower-printed cups fell to the floor. Smiling snidely, she lifted her eyes to the sink, waiting as another cup briefly teetered on the edge of the sink before falling in. Kate shook her head, choosing to ignore the paper cups, and removed the towel wrapped around her body. She dropped the second towel next to the first and donned a set of silky, light blue pajamas.

Kate left the small bathroom, stopping just a step past the threshold as she spotted Ben. With his back towards her, he adjusted the waist of his grey sweatpants and then leaned forward to grab a shirt from the edge of the bed. Lifting his arms, he pulled the shirt over his head, leaving Kate decidedly disappointed as the expanse of skin along his back was covered. She watched as he lifted his briefcase from the floor, gently setting it on the mattress.

"W-what are you doing?" Kate asked, approaching the bed as Ben opened the briefcase.

"It's Friday night, Katie," he replied, removing a bottle of tequila. "I promised to get you drunk." Her eyes followed him as he moved, placing the bottle on top of the dresser.

"It's surprising that you want to spend time with me," she sneered. "After all of the ignoring me that you've done today."

"Who said I wanted to spend time with you?" he asked, tipping his head to the side. "I promised to get you drunk and I always keep my promises." Ben separated two paper cups, setting each on the dresser next to the bottle. "And I'm pretty sure I've already explained that I was not ignoring you." Kate moved to his side, a frown etched across her features as she picked up a paper cup. "Just because I like nice things doesn't mean that they are always available," he joked. She turned the cup between her fingers. "That and I didn't think about glasses when I bought the tequila."

"Where did you get these?" she demanded, eyeing the familiar flowered pattern.

"I grabbed them from the bathroom while you were showering," he answered, taking the cup from her. "There's a nice little stack next to the sink."

"While I was showering? But…I locked…I locked the door." Ben filled each cup half way.

"I'm quite resourceful when I need to be." He handed her a cup, gently curbing his smile. "Don't worry. I didn't peek. But I sure thought about it," he muttered, turning back towards the dresser. He grabbed the second cup, holding it in toast. "Bottoms up, Katie."

**!#$%**

"Justin, the last two years of Kate's life have been a whirlwind of…well, of crap," Lauren started, setting her wine glass on the square, mahogany coffee table. She smoothed the back of her skirt as she sat on the sofa. "Her father's death, the affair. Her boat and the divorce." Justin nodded as he sat on the second sofa, across the table from Lauren. "I fired her," she smiled slightly. "And threatened termination several times during all of that. Kate needs time to discover who she is."

"But I know who she is," he argued. "I can help her find that."

"No, Justin. You don't know who Kate is," she said, gently shaking her head. "You know who she used to be. Kate has changed, Justin. She's been…forced to grow up and start making her own decisions. And she's second guessing all of those decisions because she doesn't want to be hurt again."

"I fucked it up," he nodded, a rueful smile on his face. "I know that. How does Ben fit into all of this?"

"Ben is…" Lauren shrugged. "He's different."

"That's what Kate said. What does that even mean?"

"It means that Ben is not…" Lauren frowned and studied her glass as it continued to rest on the table. "Ben is not you. Her interactions with him are different from her interactions with you. Professionally and personally."

"Personally," he said, shaking his head.

"Personally," she repeated. "I know it's not what you want to hear but it's what it is and you are going to have to find a way to deal with that."

**!#$%**

"I've been thinking about something a lot lately," Kate said absently, leaning back against the headboard. "A lot more than I probably should." She rolled her head to the side, glancing at Ben. "Do you know what I've been thinking about?"

"Me?" he guessed. She huffed a soft laugh.

"Kind of." Ben watched her smile slowly fade as she returned her gaze to the empty cup in her hands. "I've been thinking about that night in Lake Tahoe. I've been thinking about…I wonder what would have happened if I…if I would have kissed you." He nodded slowly and looked to his own cup.

"I can't answer that." Lifting the paper cup to his lips, he swallowed the liquid.

"Why didn't you kiss me?"

"It was your choice, Katie. I don't make a habit of forcing myself on women." She looked at him.

"Yet you came up with an elaborate scheme to get us all alone in Lake Tahoe."

"It wasn't an elaborate scheme," he laughed incredulously. "It was simply opportunity and I took advantage." He reached towards the nightstand, fingers wrapping around the neck of the tequila bottle.

"Opportunity," she nodded. "Is that what I was the night we met at the bar?" He tipped the bottle over her cup. "Stop it!" she yelled, pulling the cup away. "Answer my question."

"You were not opportunity," he answered. "Now, bring that back over here."

"Ben, I'm serious."

"So am I." He lifted his index finger from the bottle, motioning her to move the cup closer.

"Ben!" He sighed and filled his cup, then returned the bottle to the nightstand.

"You were not opportunity," he repeated. "You were a beautiful woman, alone at the bar, and I just wanted to say 'hello'."

"Mm-hmm. That is the very definition of 'opportunity'. What were you expecting to happen after 'hello'?"

"I certainly was not expecting to see you in mediation the next morning." Kate grumbled and rolled her eyes. "All right, truthfully, I wasn't expecting anything. I'm not a one-night stand kind of guy." He swallowed the shot. "Anymore," he amended.

"Nice," she chided.

"I'm curious." He plucked the cup from her hand. "What were _you_ expecting?" he asked.

"Oh, no. No, no. I'm not the one that approached me, Benedict."

"Fine. Maybe the more appropriate question is what were you _thinking_ when I approached?" Kate pushed a strand of hair from her face.

"Nothing. I wasn't thinking anything."

"Liar."

"You know, you say that you don't force yourself on women," she started, pushing against the mattress to sit a little straighter. "But that's all you have done since I met you."

"What? What the hell do you mean by that?"

"Y-you tried to pick me up at the bar, you kissed me in front of the elevator."

"You kissed me back," he reminded her.

"Two words," she continued, ignoring him. "Lake Tahoe. A-and you live right next door to me."

"Okay, in all fairness here, _I_ lived there first. _You_ moved in next to _me_."

"But you made that happen." She wiggled an accusing finger at him. "Somehow."

"Somehow. Katie, all I did was give Leo the number for my guy. It's not like I waved some magic wand and forced your decision." He leaned against the headboard and retrieved the bottle. "Besides, you were looking for a place for you _and_ Justin. Why the hell would I want to live next to _that_?"

"But you risked it." With the bottom of both cups palmed in one hand, Ben filled each to the top.

"I risked it." He moved his hand towards her. "And it turned out to be worth the gamble."

"You're an ass," she said, taking a cup. She stopped just as the cup touched her lips. "Hmm, interesting," she mumbled, turning to look at him again.

"What?"

"I just remembered something you said to me earlier today." Ben raised his eyebrows, waiting for her to elaborate.

"Are you going to tell me what that something was or do I need to guess?"

"You said that I should tell Justin that we are not together and that he shouldn't be kissing me without my permission."

"I did say that," he nodded. "And he shouldn't be."

"But what about you?"

"What about me?"

"You and I are not together," she explained, waving her finger between them. "But you kiss me without my permission."

"That's not that same."

"How, exactly, is it different?"

"You like it when I kiss you." Kate lifted her chin slightly.

"How do you know that?"

"Trust me," he laughed. "I know." Kate bit her bottom lip and stared at her cup for a long moment.

"What would you have done if I would have kissed you?" she asked quietly. "In Lake Tahoe."

"I think you need to be the one to answer that question, Katie. No forcing, remember?"

"Why can't you just answer the question?" she yelled. "Why do you have to make everything so complicated?"

"Complicated? No, that's _your_ gift, not mine," he clarified. She moved off the bed and roughly set the cup on the dresser, spilling a good portion of the contents over her fingers.

"I do _not_ make things complicated," she replied stubbornly.

"You're like…like a genie in a bottle, Katie," he said, rising from the bed. "Just sitting there, waiting for someone to come along and rub you the right way." Kate shifted her eyes to the side as Ben neared her. "When someone finds that right way, you respond with all of the signals to proceed and then slip back into the bottle to hide." She took a deep breath, holding it as he slowly started to circle her. "You're scared, Katie."

"I'm not scared," she argued quietly.

"You are. But what are you scared of? Are you scared of me, the unknown? Or are you scared of Justin, the…tattered past?" He stopped behind her gathering her hair behind her shoulders. "'No strategy, no foreplay, no negotiation. Just be who you are and take me,'" he whispered near her ear. "Who am I, Katie? Am I the pain in the ass lawyer you work with every day? Ruthless and relentless, stopping for nothing to get what I want? Or, am I the one to say nothing and do everything, willing to give you everything _you_ want?"

"How do I know you're not the pain in the ass pretending to be the man to say everything and do nothing?" she asked softly.

"You don't," he conceded. "You just have to trust me, Katie." He walked around her right side and stood in front of her.

"I just have to have the guts to dive in," she supplied. Ben licked his lips and nodded slowly.

"You take so many risks when it comes to your job, to your clients. Take a risk for yourself. Just once, be selfish. Try it, see how it feels." He stepped closer, lowering his voice. "No strategy, no negotiation. No _fear_. Take what you want, Katie."

"From…you."

"That didn't seem to be of much concern to you last night."

**!#$%**

"Sorry about the interruption," Robin said as he entered the room. He slipped his phone into his pocket and took a seat next to Lauren. "Being the boss means never really having time off."

"I suppose it does," Justin smiled. "I should be going." The three stood and Justin shook Robin's hand. "Thank you for dinner. And for the room at the Royal Archer."

"My pleasure. I just wish there was something more I could do to help."

"I appreciate the thought."

"Justin?" Lauren started.

"I'm going straight to the hotel, I promise," he assured her. "I won't bother Kate." As his phone buzzed in his pocket, he removed it and checked the caller ID. "It's Davidson," he sighed. "Yeah, it's Justin," he said, answering the call. Lauren watched with growing concern as Justin's face paled.

**!#$%**

"We belong together, Katie," Ben explained. "We're like…like Yin and Yang, like…" He cleared his throat and continued in his best Russian accent. "We are like Moose and Squirrel," he said. "Like Boris and Natasha." Kate laughed.

"How much tequila have you had?"

"More than you." She dropped her eyes as her paper cup appeared between their bodies. "I think you need to catch up, Katie," he teased.

"I think you need to slow down, Benny."

"I'm good at slow," he said, backing her against the dresser. "Really good." As Kate heard Ben's phone ring, she lifted her hands to his chest, pushing him back a step.

"You should get that, Cowboy," she smiled softly. Reluctantly, he moved to the nightstand and retrieved his phone.

"Katie? Call a cab."

"Why? What's wrong?" He turned to face her as she moved to his side.

"There's been another fire." She pulled the phone from his hand, reading the text message.

"Oh," she breathed, covering her mouth with her hand.


End file.
